What is the test for a defendant's claim that the trial court improperly denied him a right to represent himself at the Proposition 47 hearing?

California, United States of America

The following excerpt is from People v. Fedalizo, 200 Cal.Rptr.3d 653, 246 Cal.App.4th 98 (Cal. App. 2016):

Defendant contends that the trial court deprived him of his Sixth Amendment right to represent himself at the Proposition 47 hearing.² An erroneous denial of a valid request for self-representation is reversible per se. (People v. Williams (2013) 58 Cal.4th 197, 253, 165 Cal.Rptr.3d 717, 315 P.3d 1.) We reject defendant's contention because it is based on the unsupported assumption that he continued to assert rather than waive this right. We also reject his contention that, apart from the alleged violation of his right to self-representation, the trial court deprived him of his right to be present at the hearing. Defendant has forfeited the issue, and the argument is otherwise meritless.

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What is the test for a defendant's claim that the trial court improperly denied him a right to represent himself at the Proposition 47 hearing?

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