People v. Khan

Defendant, pro se, was convicted, after jury trial, of aggravated DUI of alcohol with a suspended or revoked license. Case was not complex, with no scientific evidence and few witnesses. Thus, appointment of standby counsel was not required. Court did not err in failing to conduct a fitness hearing and in permitting Defendant to represent himself at trial. Court did not err in failing to issue jury instruction defining "actual physical control." Court erred in failing to instruct jury as to elements of aggravated DUI while having a revoked license, and conviction on that count is vacated. (LAMPKIN and REYES, concurring.)