People v. Fedalizo

SEGAL, J., Dissenting. —

In my view, the majority arrives at the wrong answer because it asks the wrong question. The question is not whether a trial court may rely on an attorney’s representation that his or her client has waived the right of self-representation or the right to be present at sentencing. I agree with the majority that a trial court may do so. But in this case, the deputy public defender never made those representations. In fact, there is no evidence in the record that Baltazar Culbadora Fedalizo expressly or impliedly waived his right to represent himself or his right to be…