People v. Carter

Once again the failure of a trial court to navigate adroitly between the Scylla of denying a defendant the right to determine his own fate and the Charybdis of violating his right to counsel by acceptance of an ineffectual waiver has brought a prosecution to grief.

Defendant appeals from judgments of conviction of kidnaping for the purpose of robbery (Pen. Code, § 209) and robbery while armed with a deadly weapon (Pen. Code, § 211a). Defendant argues, inter alia, that his waiver of counsel at trial was conditional and that the failure of the trial court to accept the condition or advise…