# People v. Redmond

> California Supreme Court · August 5, 1969 · 71 Cal. 2d 745

URL: https://www.frixlaw.com/law-library/cases/9546426

## Case

- **Full name:** The PEOPLE, Plaintiff and Respondent, v. LAWRENCE WAYNE REDMOND, Defendant and Appellant
- **Court:** California Supreme Court
- **Decided:** August 5, 1969
- **Citations:** 71 Cal. 2d 745; 79 Cal. Rptr. 529; 457 P.2d 321; 1969 Cal. LEXIS 285
- **Precedential status:** Published
- **Opinion:** Concurrence by Mosk
- **Judges:** Peters, Mosk, McComb, Traynor, Tobriner, Burke, Sullivan
- **Cited by:** 476 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9546426

## Opinion text

MOSK, J.
I concur.
I cannot agree that the trial judge, in reciting the grounds for a motion for new trial (Pen. Code, § 1181), misinformed or misled the defendant. Coming to subdivision 6, the court said, inter alia, “You are not concerned with the degree. You feel you are innocent entirely, and that the verdict is contrary to the evidence in general.” (Italics added.) That was — and still is — precisely the contention of the defendant, and the court’s comment could not reasonably be interpreted to mean, as the majority assert, “that defendant was not concerned with subdivision 6. ’ ’
Nevertheless, I conclude, as do the majority, that the judgment must be reversed. However inept defendant may have' been in expressing views on the law and facts in urging his motion for new trial, the evidence was indeed insufficient to support a judgment of guilt. I would also hold that the court made inadequate inquiry to ascertain the competence of defendant to represent himself. (People v. Carter (1967) 66 Cal.2d 666, 672 [ 58 Cal.Rptr. 614 , 427 P.2d 214 ]; In re Johnson (1965) 62 Cal.2d 325, 335 [ 42 Cal.Rptr. 228 , 398 P.2d 420 ]; In re James (1952) 38 Cal.2d 302, 313 [ 240 P.2d 596 ]; *761 People v. Chesser (1947) 29 Cal.2d 815, 822 [ 178 P.2d 761 , 170 A.L.R. 276 ].)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9546426. Public record. Not legal advice.