State High Court Denies Fullerton Burglar’s Appeal

The state Supreme Court on Monday upheld the conviction of a Fullerton burglar who had tried to delay his case with a flurry of legal arguments--including the complaint that he did not get enough sleep in jail the night before his trial.

Writing for the 6-1 majority, Justice Malcolm Lucas showed exasperation with the appeal of Robert G. Smith, calling him a “classic example” of a “streetwise” defendant doing everything possible to slow down the disposition of his case.

However, Chief Justice Rose Elizabeth Bird dissented, agreeing with an appeals court that Smith’s trial judge had erred in not carefully considering claims made by the defendant, principally that he had been denied a chance to adequately defend himself.

Smith was seen by an eyewitness as he fled the scene of a supermarket burglary in Fullerton in January, 1982. Then on probation for another burglary, he was caught by police. The witness identified Smith’s car, his clothing and the stolen property--half a case of cigarettes, which were in the car.

When he was arrested, Smith reportedly told police: “You got me. What more do you want?”

But Smith later pleaded not guilty. As his own lawyer, he filed numerous legal motions complaining about such things as a lack of office supplies in jail and a lack of evidence. The complaints considered at length by the justices were that Smith had been denied adequate sleep and access to law books while in jail. He said this cost him the right to adequately defend himself, so he refused to participate in the trial.

The Supreme Court, however, was unmoved. Lucas, in his first legal opinion since joining the court 15 months ago, said the record contradicted Smith’s claims. “We must conclude that defendant failed to present a defense because none was available,” he wrote.

He added that “it is a credit to the various judges involved that they showed such deference, consideration and courtesy to this defendant.”

Bird, facing a difficult confirmation election next year because of charges that she is too liberal on a variety of issues, conceded that Smith “appeared to enjoy tweaking the system.” But she concluded that he had been denied an adequate defense and thus a fair trial.

“The right to legal counsel . . . has nothing to do with the relative strength of the prosecution case,” she wrote.

Lucas is a former federal judge and Gov. George Deukmejian’s only appointee on the court. He has written numerous dissenting opinions but had not issued a majority before Monday.

Although he is considered the court’s most conservative member, Lucas has sided with the liberal majority in more than half of the cases decided since he joined the court.