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Monday, November 25, 2024 at 3:50 PM
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Judge Stockard Apprises Anzaldua of Risks of Self-Representation

Judge Stockard Apprises Anzaldua of Risks of Self-Representation
Sonnie Angelo Anzaldua . Photo courtesy of Churchill County Sheriff's Office.

Sonnie Angelo Anzaldua appeared for a Status Hearing on January 23, 2024, before Judge Thomas Stockard in the Tenth Judicial District Court in Fallon. 

Last November, Anzaldua pleaded not guilty to Battery Causing Substantial Bodily Harm, a Category C Felony that carries a potential penalty of 24-60 months in Nevada State Prison and a fine of up to $10,000. He is alleged to have used force or violence upon another person, causing a broken leg and prolonged physical pain.

Judge Stockard set the record, stating the case has a lengthy history, but has gotten essentially nowhere. He listed six dates that hearings have been held on the matter and noted that the defendant has “expressed various desires throughout this case.” According to Stockard, (1) Anzaldua initially wished to retain counsel; (2) he does not want the public defender assigned to him to represent him at trial, although he has not been totally dissatisfied with his representation throughout this process; (3) rather it is more of a personality conflict; (4) he was going to retain a few different counsels, neither of which worked out for various reasons; (5) then at the last hearing on January 9, Anzaldua said he wants to represent himself.  

Stockard explained the three choices Anzaldua has at this point. “If you are dissatisfied with your counsel, potentially the court could have a Young* hearing, which addresses substitution of counsel; via Patterson v. Illinois and the right to retain counsel of your choice; and Faretta v. California in which the US Supreme Court Case addresses self-representation and the ruling that a court cannot “compel a defendant to accept a lawyer he does not want” if he voluntarily and intelligently chooses to represent himself.

Anzaldua was given copies of each of these and five other applicable cases. Stockard asked Anzaldua, “Will you tell the court how you want to proceed today?” Anzaldua replied, “I’d still like to represent myself with a little bit of help from the court.” Stockard explained, “I don't help you. I must treat you the same as I would treat any lawyer.” Stockard then went over the Young v. State of Nevada case at length, reading parts of it out loud. Faretta was also thoroughly explained, and portions of it were read, including Justice Blackmun’s dissenting opinion, “If there is any truth to the old proverb that ‘one who is his own lawyer has a fool for a client,’ the court by its opinion today now bestows a constitutional right on one to make a fool of himself.”  

Stockard said this case must move forward at this time. “We have to set this for a trial.” The defendant was arrested on August 23, 2023. The judge explained that Anzaldua has been charged with a crime, there is an alleged victim, and “that victim has a right, the state has a right, and you have a right” to have this case decided. Stockard asked Anzaldua, “Tell me in your own words what you want me to do.” Anzaldua replied, “I would like Your Honor to move forward with the case.”  

Anzaldua was again asked whether he wanted to represent himself or have new counsel appointed. Stockard canvassed Anzaldua regarding representing himself quite thoroughly after closing the court to the prosecutors and the media, as a Young hearing is confidential. Upon reopening the courtroom, Stockard announced, “The court has determined that there is an irretrievable conflict in the relationship between appointed counsel and Anzaldua,” and relieved currently appointed counsel, Wright Noel, with the Churchill County Public Defender’s Office. The case will be referred to Indigent Defense Coordinators to have new counsel assigned. The case was continued until February 13. Stockard said on that date, he expects a trial date will be set whether Anzaldua chooses to go with newly appointed counsel or to represent himself.

* Young v. State, 102 P.3d 572 (Nev. 2004)


 


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