Jeffrey Pierce Henderson
c/o 370 N. Cerritos Ave.,
#39
Azusa, Cal. [91702-3764]
Tel: (626) 787-3408
Email: abba@eanruig.com
Defendant, In Pro Per
SUPERIOR COURT OF CALIFORNIA
LOS ANGELES COUNTY, EAST DISTRICT
WEST COVINA COURTHOUSE
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THE PEOPLE OF CALIFORNIA, Plaintiff, v. JEFFREY PIERCE HENDERSON, Defendant. |
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Case No.: G407663 DEFENDANTS’ NOTICE OF INTENT TO PROCEED IN PROPRIA PERSONA AND REQUEST FOR HEARING |
TO THE COURT AND THE PEOPLE:
Defendant,
Jeffrey Pierce Henderson (“Defendant”), specially appears in the
above-captioned case and gives due notice that Defendant knowingly and
intentionally waives his right to representation in defense of the charge
against him of resisting a peace officer. (Pen. Code,
§ 148(a)(1).) Defendant proceeds
IN PROPRIA PERSONA (acts as his own lawyer). Since
the first hearing is not until 02/10/2020, this notice and declaration
(“Notice”) should be considered timely under People v. Windham (1977) 19 Cal.3d 121.
Defendant
does NOT stipulate to a commissioner or judge pro tem participating in any
aspect of this matter. (Cal. Const. Art 6 §21.)
DEFENDANTS’
DECLARATION WAIVING RIGHT TO COUNSEL
Defendant states the following:
(1)
A criminal defendant enjoys the right to counsel
under both the state and federal law. (U.S. Const., 6th Amend.;
Cal. Const., art. I, § 15, Gideon v.
Wainwright (1963) 372 U.S. 335; People
v. Koontz (2002) 27 Cal.4th 1041.)
(2)
Concomitant to such right of representation is
the right of a criminal defendant to waive the assistance of counsel and to
represent himself. (Faretta v. California (1975) 422 U.S. 806; Windham, supra, 19 Cal.3d
121.)
(3)
The disadvantages of self-representation are
clear and unambiguous to me, and I request that the record reflect that I
voluntarily make this very important decision to waive my right to counsel
knowingly and intelligently.
(4)
I understand that it is the advice and
recommendation of this Court that I do not represent myself, and that I accept
appointed counsel.
(5)
I understand that it will be necessary for me to
follow all of the many technical rules of substantive law, criminal procedure,
and evidence.
(6)
I understand that the criminal prosecution in
this matter will be handled by an experienced attorney who is highly
specialized in jury trials, and that I will not be entitled to special
consideration by this Court.
(7)
I understand that in my defense it will be
necessary for me to conduct my own trial consisting of, without limitation,
making pretrial and preliminary investigations and motions; subpoenaing and
presenting my own witnesses; questioning jurors for impanelment; submitting
jury instructions to the Court; making an opening statement; cross-examining of
the witnesses for the prosecution; making appropriate objections and motions
during the course of the trial, preparing and presenting to the court proposed
jury instructions; and making the final argument to my peers.
(8)
I understand that in the event of a conviction
and an appeal, by acting as my own lawyer, I give up and waive as a possible
ground of appeal my constitutional right to effective assistance of counsel.
(9)
Understanding all of my rights, I demand that I
be recognized in pro per by the Court and that by making this request I am
giving up the right to be represented by a public defender appointed by this
Court.
WHEREFORE,
Defendant notifies this Court and the People of the California of his waiver of
his right to counsel and to proceeds without the assistance of counsel.
Defendant requests that this Court schedule this matter for a hearing regarding
such request, and for all just and proper relief.
VERIFICATION
State of California
County of Los Angeles
I, Jeffrey Pierce Henderson,
declare and state:
I am
the Defendant in the above-entitled action. I have reviewed the papers in the
court file available to me; and the information available therein is within my
knowledge. I have carefully prepared and proof read this Notice and know of its
contents to be true and correct of my personal knowledge. This Notice is not
interposed for delay or other improper purposes.
I
declare under penalty of perjury under California law that the foregoing is
true and correct. Executed and signed on December 8, 2019 at Los Angeles County
California.
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Very Truly Yours, |
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Jeffrey Pierce Henderson |
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