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People v. Smart

California Court of Appeals, First District, Second Division
Mar 4, 2008
No. A113111 (Cal. Ct. App. Mar. 4, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. ALVIN SMART, Defendant and Appellant. A113111 California Court of Appeal, First District, Second Division March 4, 2008

NOT TO BE PUBLISHED

San Mateo County Super. Ct. No. SC042607A

Kline, P.J.

It is ordered that the opinion filed herein on February 15, 2008, be modified as follows:

1. In the first full paragraph on page 25, after the sentence beginning “Under the circumstances,” the following sentence is added: “In light of Smart’s appellate argument, it is important to recognize the dual significance of the strong evidence before us that the purpose of Smart’s motion was to delay the trial and to frustrate the orderly administration of justice. Not only does this evidence support the lower court’s discretionary ruling, it also establishes an independent ground for affirming the Faretta ruling even if we could be persuaded that the motion was timely. (Marshall, supra, 15 Cal.4th at p. 23.)”

This modification does not effect a change in the judgment.

Appellant’s petition for rehearing is denied.


Summaries of

People v. Smart

California Court of Appeals, First District, Second Division
Mar 4, 2008
No. A113111 (Cal. Ct. App. Mar. 4, 2008)
Case details for

People v. Smart

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ALVIN SMART, Defendant and…

Court:California Court of Appeals, First District, Second Division

Date published: Mar 4, 2008

Citations

No. A113111 (Cal. Ct. App. Mar. 4, 2008)