Aug. 17, 2022 – People v. Orosco (4th Dist., Div. 1, D079723)

The Court of Appeal rejects appellant’s claim that there was insufficient evidence to support his conviction for assault on a peace officer based on a lack of substantial evidence that the victim, a deputy sheriff performing custodial duties, was working as a peace officer. The court finds, however, that the trial court violated appellant’s Sixth Amendment rights by denying his Faretta request for self-representation on the ground that he was “unable to sufficiently represent himself,” where there was no substantial evidence that appellant was mentally incompetent under People v. Johnson (2012) 53 Cal.4th 519.