People v. Johnson

2015 COA 54, 356 P.3d 1024, 2015 WL 2203581
CourtColorado Court of Appeals
DecidedMay 7, 2015
DocketCourt of Appeals No. 09CA1633
StatusPublished
Cited by10 cases

This text of 2015 COA 54 (People v. Johnson) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Johnson, 2015 COA 54, 356 P.3d 1024, 2015 WL 2203581 (Colo. Ct. App. 2015).

Opinion

Opinion by

JUDGE RICHMAN

T1 Defendant, Thomas Lee Johnson, appeals the judgment of conviction entered on jury verdicts finding him guilty of first degree murder, trespass, and eriminal mischief. He argues that he was denied his constitutional right to self-representation, and we agree. Therefore, we reverse his conviction and remand the case for a new trial.

I. Background

T2 A jury found defendant guilty of first degree murder, trespass, and eriminal mischief; the district court sentenced him to life in prison. A division of this court reversed the judgment due to instructional error and remanded the case for a new trial, People v. Johnson, (Colo.App. No. 02CAO0445, May 4, 2006), 2006 WL 1173415 (not published pursuant to C.A.R. 85(f)).

T3 Defendant had been represented by the public defender in his first trial, On remand, the district court appointed alternate defense counsel (ADC) because defendant was a potential witness in another case being handled by the same public defender,. However, defendant never testified in that case. Soon after being appointed, and many months before the scheduled retrial, ADC moved to withdraw.

T 4 The court held a hearing to address the issue. ADC argued that the conflict of interest which had prompted their appointment had disappeared and that, given the complexity of the case and the public defender's favolvement in the first trial, the court should reappoint the public defender. Alternatively, ADC argued that defendant should be allowed to proceed pro se, as he had repeatedly indicated "in no uncertain terms" his desire to do so. After further discussion, the [1027]*1027court concluded that because issues related to the conflict of interest could reemerge, it would err on the side of caution and decline to reappoint the public defender.

15 The court then turned its attention to whether defendant should be allowed to represent himself. Following People v. Arguello, 772 P.2d 87, 92 (Colo.1989), and the guidelines of the Colorado Trial Judges Benchbook, the court carefully and thoroughly questioned defendant at length." A summary of salient portions of defendant's answers follows:

e defendant understood that he already had court-appointed counsel;
ehe felt that he could "do a better job" and resolve things more quickly without his counsel;
ehe was not under the influence of any substances which might interfere with his ability to make decisions;
ehe had been found competent to stand trial and had not been diagnosed with any mental issues (though he conceded that he had features that were consistent with being "self-narcissistic');
ehe had "no concerns" about any mental health issues that could prevent him from being able to proceed;
® he believed he might be able to work out a deal with the prosecutor to avoid going to trial;
& he had met with ADC about three times;
ehe had seven-and-a-half years of experience on his case, while ADC had obtained the case file just three weeks pri- or to the hearing;
® he felt "that things would go a lot faster and a lot easier" if he represented himself;
® though he did not have experience with any other felony trials, he was "familiar with court procedures," and, as a "Jailhouse lawyer," he had spent as much time as he could studying in the law library and helping other inmates with pro se filings and Crim. P. 85(c) motions, which he considered his area of "expertise";
ehe realized that he faced the poss1b1l1ty of life in prison without parole;
ehe had a twelfth-grade education but no legal training; '
ehe had never selected a jury in a felony case;
® to determine what questions he could ask during voir dire, he would consult the Colorado Rules of Criminal Procedure;
ehe stated, "I do have the experience or the opportunity to review what was done in my first trial, so it's not like I'm actually doing this the first time around";
ehe was not aware that jurors could be allowed to ask questions of witnesses;
ehe understood that a Curtis advisement pertained to his decision about whether or not he would testify;
®in response to the court's question about how he might testify if he were representing himself, defendant stated, "I'm going to testify in the narrative";
® he understood that he could use the power of subpoena to bring in witnesses, though he would "have to have somebody serve them";
e he indicated that he intended to ask the court to reconsider its denial of his motion to change venue, though the court advised him that his status as a pro se party would not be a basis for changing the prior ruling on that issue;
® defendant acknowledged that an attorney could be of great help to.him at trial and that he faced "a grave risk" in representing himself;
® in response to the court's labeling thls "a murder case," defendant responded, "I don't consider it a murder case, I consider it a homicide case," explaining that he also considered it to be "a- self-defense case"; -
ehe understood that his prior conviction had been reversed due to a faulty jury instruction on self-defense, and that the rulings made in his prior trial would remain the law of the case, with the exception of the erroneous jury instruction;
ehe understood that anything he said in court could be used against him and that if he made a mistake, he would not be [1028]*1028able to file a Crim. P. 85(c) motion "against [him
ehe understood that he would not get special treatment, stating, "I'm not asking for any," and that he would be bound by the decisions he made, thereby possibly waiving those issues for purposes of appeal;
e he stated, "I just look for when it comes to the trial, it's a step-by-step process, and to be able to tell my story is essential, and I could do a very good job of doing that";
ehe knew that if he chose to testify, the prosecution could eross-examine him and bring up any prior felony convictions, though he did not have any;
® in response to the court's question as to whether the advice of counsel would be helpful in determining whether he should testify, defendant declared that he had already decided that he would;
e when given the opportunity to ask questions of the court, he stated that he did not have any at that time; and
e he indicated that he was not dissatisfied with his counsel and that he was not asking the court to appoint different counsel.

T6 The court then asked if ADC or the prosecution wanted to make a further record. The prosecution made explicit its intention not to negotiate a plea bargain in the case.

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Cite This Page — Counsel Stack

Bluebook (online)
2015 COA 54, 356 P.3d 1024, 2015 WL 2203581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-johnson-coloctapp-2015.