Gaea Powell, the former Arroyo Grande mayoral candidate found guilty of election fraud, won’t be sentenced for her crimes just yet.
The lead-up to Powell’s trial drew attention because she chose to not accept Public Defender Andrew Jennings, who was assigned to represent her, and defended herself against nine charges filed by the San Luis Obispo County District Attorney’s Office.
On Oct. 19—the day of Powell’s sentencing—Jennings found himself re-assigned to the case, postponing the sentencing hearing in the process.
“You keep filing pleadings and motions, while saying you want a lawyer appointed,” Judge Timothy Covello told Powell. “Which is it?”
“Well, I want a lawyer,” she replied.
Powell made the same request on the eve of her trial. She failed to appear on the originally scheduled trial start date and attributed her absence to anxiety while working on her case. Covello shot down her attorney request at the time.
The DA’s Office charged Powell with filing false nomination papers to run for mayor and fraudulently voting in both the 2022 and 2024 election cycles.
Last month, a jury found Powell guilty on all nine counts that stemmed from her registering to vote at an Arroyo Grande address in 2022, while she lived in an unincorporated area outside the city’s jurisdiction. However, Covello voided one count, felony fraudulent voting or attempts to vote, because the court clerk only read the verdicts for eight counts.
Ahead of sentencing, Powell filed multiple motions to counter the verdict, including ones to withdraw the waiver of counsel, appoint an attorney for post-trial hearings and sentencing, and return her seized cellphones.
Covello rejected most of the motions, saying it wasn’t in “good faith” to examine records to determine whether there’s grounds for a new trial.
He did grant Powell’s motion to appoint an attorney, specifying that Public Defender Jennings can only assist her with the sentencing.
DA Dan Dow told New Times that sentencing is a critical stage of a criminal case, and every defendant has a constitutional right to a lawyer for it.
An attorney can review the probation report, present mitigating information, argue for a particular sentence, decide whether to file motions before judgment, and make sure the record is preserved for any appeal.
“Ms. Powell asked the court for help with those tasks, and Judge Covello granted her request,” Dow said via email. “That was a reasonable request. … Ms. Powell’s conviction is not final. She hasn’t been sentenced, and the normal routes to challenge a conviction (post-trial motions and a direct appeal) are still open to her. Whether to pursue other options is up to her and her lawyer.”
Powell is mulling over other options, according to a three-page statement she sent to the press moments before the Oct. 19 hearing started.
“I am not asking the public to accept those conclusions without evidence. I intend to make the records supporting my accusations available for scrutiny,” her statement read. “This is why I am calling for an Independent Prosecution and Conviction Integrity Unit.”
Her statement added that she believes her prosecution was “politically motivated,” accusing the DA’s Office of “investigative and prosecutorial misconduct.”
“I believe his office’s handling of my case reflects a failure to separate political considerations from the obligation to seek justice,” her statement said.
In response to her statement, Dow told New Times that Powell has the right to criticize his office and to challenge her conviction.
“Our criminal and victim justice system already has independent checks on prosecutors. A judge presided over her case, a jury heard the evidence and unanimously found her guilty, and the appellate courts can review the case if she appeals,” he said. “If she raises misconduct claims in court, our office will answer them there, in written briefs and oral argument by Deputy [DA] Ben Blumenthal.”
Powell’s sentencing is now scheduled for Nov. 4 at 8:30 a.m. ∆
This article appears in Pets 2026.
