People v. Wilder (35 Cal. App. 4th 489, 1995)

Opinion

TURNER, P. J.

Defendant, Byron James Wilder, appeals his dmg conviction and findings concerning enhancements imposed because of his substantial prior record of criminality. In the published portion of this opinion, we conclude that the trial court’s failure to advise defendant, who represented himself at trial, of the disadvantages of self-representation where the waiver of counsel was voluntary, is subject to the harmless error standard of review set forth in Chapman v. California (1967) 386 U.S. 18, 22-24 [17 L.Ed.2d 705, 709-711, 87 S.Ct. 824]. We affirm the judgment.

When the testimony is viewed in a light most favorable to the prosecution (Jackson v. Virginia (1979) 443 U.S. 307, 319 [61 L.Ed.2d 560, 573-574, 99 S.Ct. 2781]; Taylor v. Stainer (9th Cir. 1994) 31 F.3d 907, 908; People v. Berryman (1993) 6 Cal.4th 1048, 1083 [25 Cal.Rptr.2d 867, 864 P.2d 40]), the following was the evidence before the jury: two undercover narcotics officers stopped their car; within one second, defendant approached the undercover police officers; in this area of the city, it was typical for a narcotics trafficker to approach an undercover car once it was stopped; defendant said, “ ‘[H]ow much?’”; the undercover officer, based on her experience, concluded the question “ ‘How much?’ ” was an inquiry concerning the quantity of drugs she desired to purchase; she responded, “ ‘I need a 20’ ”; defendant stood next to the car door as the codefendant, Mario Ruiz, approached and asked “ ‘Are you a cop?’ ”; she responded, “ ‘No’ ”; Mr. Ruiz handed her two pieces of rock cocaine totaling .7 grams in weight; she handed Mr. Ruiz a $20 bill; throughout this time period, defendant stood immediately to Mr. Ruiz’s right side; both defendant and Mr. Ruiz walked away together in the same direction; as he walked with defendant, Mr. Ruiz placed the $20 bill in a crack in a wall; and when defendant was searched, “three small rock-like objects resembling . . . cocaine” were recovered from one of his pockets. No defense was presented.

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At his preliminary examination, defendant was represented by a deputy public defender. At the superior court arraignment, the same deputy public defender was present and prepared to accept court appointment to represent defendant. After a codefendant entered a plea of not guilty, the following transpired: “Mr. Roller [deputy district attorney]: Mr. Byron James Wilder, is that your true name—is that your correct name? [TO Mr. Wilder: Yes. [U Mr. Roller: You are also here to be advised of the charges against you and you are also charged in this case, case No. BA070994 with one count of the sale or transportation of cocaine base, a felony in violation of Health & Safety Code section 11352A. [f] As to you, there are additional allegations within the meaning of Health & Safety Code section[s] 11370.2 and 667.5B which allege that you have been to prison previously and that you have been convicted of narcotics offenses previously. [H Do you understand the nature of the charges against you, sir? [<]□ Do you understand what you are charged with? [*][] I’m not asking you— [TO Mr. Wilder: No, I don’t know what I’m charged with. [^Q Mr. Roller: You are charged with selling cocaine base. Do you understand that so far? [<]j] Mr. Wilder: Yes. [