California, United States of America
The following excerpt is from People v. Armijo, B205294 (Cal. App. 7/22/2009), B205294 (Cal. App. 2009):
In People v. Elliott (1977) 70 Cal.App.3d 984, the court set out a list of factors that the trial court should consider sua sponte when a pro. per. defendant asks to have counsel reinstated midtrial. The factors are meant to be guideposts in the lower court's analysis, so as to provide a meaningful record for appellate review in the event that such review is later required. (Id. at p. 993.) Relevant factors include, among others, the following: (1) defendant's prior history in the substitution of counsel and the desire to change from self-representation to counsel-representation; (2) the reasons set forth for the request; (3) the length and stage of the trial proceedings; (4) disruption or delay which reasonably might be expected to ensue from the granting of such motion; and (5) the likelihood of defendant's effectiveness in defending against the charges if required to continue to act as his own attorney. (Id. at pp. 993-994.)
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