People v. Romero

694 P.2d 1256, 1985 Colo. LEXIS 375
CourtSupreme Court of Colorado
DecidedJanuary 21, 1985
Docket82SA566
StatusPublished
Cited by80 cases

This text of 694 P.2d 1256 (People v. Romero) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Romero, 694 P.2d 1256, 1985 Colo. LEXIS 375 (Colo. 1985).

Opinions

QUINN, Justice.

The defendant, Ramon Romero, appeals his conviction and sentence for second degree burglary of a building.1 He claims that the district court erred in permitting him to represent himself at trial, in failing to appoint advisory counsel to assist him at trial, in failing to provide him the same opportunities to be heard as would have been provided to an attorney, in permitting him to be tried in jail clothes, in submitting certain instructions to the jury and in failing to submit other instructions on the court’s own motion, and in imposing a sentence greater than the presumptive two-to-four year sentence for second degree bur[1260]*1260glary.2 We affirm the judgment and sentence.

I.

A detailed statement of the proceedings leading up to the judgment and sentence is necessary to a complete understanding of the issues before us. A complaint-information was filed in the Denver County Court alleging that “Raymond Romero also known as Daniel Jiminez” did knowingly break into the building of Denver Dry Goods, Inc., located at 1529 California Street, Denver, Colorado, on January 11, 1981, with the intent to commit therein the crime of theft. The public defender’s office was appointed to represent the defendant at a preliminary hearing, and upon a finding of probable cause the case was bound over to the district court. The defendant was not able to post bail and remained in the county jail while awaiting trial.

On February 18, 1981, the defendant appeared with a deputy public defender, Maureen Cain, for arraignment in the district court and informed the court that he preferred to hire private counsel. Ms. Cain simultaneously requested and was given permission to withdraw from the case due to an alleged conflict of interest. One week later, on February 20, 1981, the defendant reported to the court that he had not yet been able to retain private counsel. Upon being advised by Cain that the source of the conflict was the defendant’s refusal to discuss the case with her and thinking that the defendant might possibly be having problems communicating in English, the court requested Manuel Martinez, a deputy public defender fluent in the Spanish language, to speak to the defendant at the county jail. The court continued the case to February 26,1981, for arraignment.

On February 26 the defendant appeared in court and stated that Mr. Martinez had not been to see him at the county jail. Deputy Public Defender Cain explained to the court that her superior believed that as long as the public defender’s office was to remain on the case she should be the attorney who represented the defendant. The court, indicating that it was considering the appointment of private counsel, continued the case to March 3, 1981, for arraignment. On that occasion the court expressly noted on the record that the public defender’s original motion for withdrawal was based solely on the defendant’s personal dislike for Ms. Cain. Ruling that this was an insufficient ground for withdrawal, the court ordered the public defender’s office to continue its representation of the defendant. The defendant again stated that he wished to hire private counsel, and the court continued the case three more weeks for arraignment.

On March 24, 1981, the defendant reported that he could not retain private counsel, whereupon the court again reaffirmed the appointment of the public defender’s office and continued the case to the following day. On March 25 the defendant again appeared in court with Ms. Cain, who advised the court that she had discussed the case with the defendant on three occasions and that the defendant had told her that he did not want the public defender’s office to represent him. The court addressed the defendant and informed him that if he desired court-appointed counsel the public defender’s office would represent him throughout the trial. The defendant, however, stated to the court that he desired to represent himself and to enter a not guilty plea. At this point the court explained to the defendant that he had a right to represent himself, but that it was in his best interest that a lawyer represent him, especially since he was charged with a class 4 felony carrying a presumptive sentence of two-to-four years and a possible maximum sentence of eight years in the event aggravating circumstances were present. The court also informed the defendant of his right to require the prosecution to prove [1261]*1261his guilt beyond a reasonable doubt at trial and various other procedural rights, such as the right to a trial by jury, the right to cross-examine the prosecution’s witnesses, the right to subpoena and to present witnesses in defense of the charge, the right to testify in his own defense, and the right to discover the prosecution’s evidence in advance of trial. The court ordered the prosecutor to provide the defendant with a transcript of the preliminary hearing and other appropriate discovery materials. The prosecutor, for the purpose of showing the defendant’s familiarity with the criminal justice system, requested that his prior criminal history be made part of the record of the proceedings on that day.3 The court acquiesced in the prosecutor’s request, and the defendant entered a not guilty plea and requested a jury trial. The case was set for trial on May 11, 1981. Finally, the court appointed an investigator to assist the defendant in preparation for trial.

On April 16, 1981, the court held a hearing to determine the progress of the defendant’s trial preparation. The investigator appointed by the court had previously filed a written report with the court on March 30 in which he described his visits to the county jail on two occasions and the defendant’s refusal to talk to him about the case. The court determined that the defendant did not want the assistance of the investigator in preparation for trial. The deputy district attorney on this occasion furnished the defendant with a copy of all materials in the prosecution’s file.

On the scheduled trial date of May 11, 1981, the defendant advised the court that he had not yet received a copy of the preliminary hearing transcript. The court ordered the transcript to be provided the defendant that afternoon and continued the case to the following day for jury selection and trial. Before commencing jury selection on May 12, the court explained to the defendant the procedures involved in questioning prospective jurors, informed him that he could challenge up to eleven members of the jury panel for no reason at all, and also provided him with a written list of the grounds for challenges for cause. The court also explained to the defendant the procedures that would be followed in the trial of the case, namely, opening statements outlining the evidence, the opportunity of each party to present evidence and to cross-examine witnesses called by the opposing party, the preparation of jury instructions at the conclusion of the evidence, and closing arguments.

After the jury was selected and sworn, the prosecutor made an opening statement in which he informed the jury that the People’s evidence would show that on January 11,1981, the defendant broke a window into the Denver Dry Goods downtown store at 1529 California Street in Denver, then made his way to the jewelry department where he was confronted and taken into custody by a security guard, later attempted to escape but was subdued by the security guard, and was ultimately arrested by the Denver police.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Parental Resp Conc CDG
Colorado Court of Appeals, 2025
Peo v. Johnson
Colorado Court of Appeals, 2025
Estate of Romero
Colorado Court of Appeals, 2025
Peo v. Thames
Colorado Court of Appeals, 2025
Peo v. Eden
Colorado Court of Appeals, 2025
Peo v. Garcia-Sanchez
Colorado Court of Appeals, 2025
People v. Timothy Mark Gemelli
Colorado Court of Appeals, 2023
In re Johnston
520 P.3d 737 (Supreme Court of Kansas, 2022)
The PEOPLE of the State of Colorado v. Shane JOHNSON
2022 COA 2 (Colorado Court of Appeals, 2022)
The PEOPLE of the State of Colorado v. Paul Alex LAVADIE
489 P.3d 1208 (Supreme Court of Colorado, 2021)
v. Scott
2021 COA 71 (Colorado Court of Appeals, 2021)
People v. Rock
2017 CO 84 (Supreme Court of Colorado, 2017)
Nagi v. People
2017 CO 12 (Supreme Court of Colorado, 2017)
People v. Johnson
2015 COA 54 (Colorado Court of Appeals, 2015)
Abney v. State
757 S.E.2d 544 (Court of Appeals of South Carolina, 2014)
Moore v. People
2014 CO 8 (Supreme Court of Colorado, 2014)
L.A.N. ex rel. L.A.N. v. L.M.B.
2013 CO 6 (Supreme Court of Colorado, 2013)
Grey v. State
298 S.W.3d 644 (Court of Criminal Appeals of Texas, 2009)
People v. BRANTE
232 P.3d 204 (Colorado Court of Appeals, 2009)
Lay v. State
2008 OK CR 7 (Court of Criminal Appeals of Oklahoma, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
694 P.2d 1256, 1985 Colo. LEXIS 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-romero-colo-1985.