In re Ali

In In re Ali, (1964) 230 Cal.App.2d 585, the court said: "Nor can it be argued that the trial court in the instant case afforded the petitioner any right to counsel by making a continuance available to him on condition he waive trial by jury and allow the testimony of the People's out-of-state witness to be taken while the petitioner would be required to act in propria persona during this testimony. Petitioner, indeed, was placed in the unenviable position of having to waive either or both of two constitutional rights: his right to counsel or his right to trial by jury as guaranteed by article I, section 7 of the Constitution of the State of California. That he opted in favor of trial by jury did not constitute a waiver of his right to counsel. The exercise of one constitutional right cannot be conditional upon the denial of another ."