In People v. Herrera (1980) 104 Cal.App.3d 167, the motion to proceed in propria persona was made the morning of trial before the jury was selected and was not accompanied by a request for continuance. (Id. at pp. 174-175.) In its initial discussion, the trial court assumed the request was untimely and that Hererra did not have an absolute right to represent himself. (Id. at p. 173.) Nonetheless, the court of appeal determined the motion was not untimely on the record before it, noting that the trial court had failed to consider the Windham factors. (Id. at p. 175.) The defendant had made his Faretta motion at the earliest opportunity, which just happened to be shortly before trial. (Id. at p. 174.)