98, People v. West

Citations

• 2019 COA 131

Syllabus

Defendant admitted to having sex with an underage victim and was charged with, among other things, sexual assault of a child. He disregarded the trial court's advisement, waived his right to counsel, and proceeded pro se. Throughout the trial, the court repeatedly explained to defendant the hazards of representing himself. Defendant continually asserted his right to a speedy trial, and the court rejected his arguments. A jury found him guilty of sexual assault of a child under 15, contributing to the delinquency of a minor, and a class 4 drug felony. On appeal, defendant contended that the trial court violated his statutory and constitutional rights to a speedy trial by setting his trial date more than 180 days after he initially mailed his notice of plea of not guilty. The constitutional right to a speedy trial attaches when a defendant is formally charged with an offense or is arrested and continuously held in custody prior to the filing of formal charges, whichever occurs first. Colorado's statutory right to a speedy trial imposes a period of six months from the date a not guilty plea is entered. Here, trial commenced on the first business day after the conclusion of the six-month period, so the trial date fell within the statutory period. Accordingly, the delay did not prejudice defendant. Defendant also argued that the trial court deprived him of his fundamental right to self-representation through multiple discovery and evidentiary rulings. However, there is no authority to support the conclusion that a trial court's rulings on evidentiary and discovery issues violates a defendant's right to self-representation. And even if the trial court's numerous rulings here were erroneous or an abuse of discretion, they did not constitute a violation of defendant's constitutional right to self-representation. Defendant litigated his case to a jury representing himself, which is what he requested. Defendant further contended that the trial court erred by failing to disclo