People v. Hidalgo

Opinion

CLARK, J.

Two cases are consolidated in this appeal. In superior court No. A610763, the judgment of conviction of first degree burglary (Pen. Code, §§ 459, 460) must be reversed because the trial court denied defendant’s timely pretrial motion for substitution of appointed counsel without giving defendant an opportunity to state the specific grounds for his dissatisfaction with counsel.

1

(People

v.

Marsden

(1970) 2 Cal.3d 118 [84 Cal.Rptr. 156, 465 P.2d 44];

People

v.

Lewis

(1978) 20 Cal.3d 496 [143 Cal.Rptr. 138, 573 P.2d 40].) As the judgment in this case must be reversed for

Marsden

error, we need not consider defendant’s contention that he was denied effective assistance of trial counsel by counsel’s failure to challenge defendant’s transportation to the crime scene under

People

v.

Harris

(1975) 15 Cal.3d 384 [124 Cal.Rptr. 436, 540 P.2d 632].

[828]

In superior court No. A015895, probation granted on a prior burglary conviction was revoked. Defendant’s attacks upon the revocation proceeding were fully considered by the Court of Appeal and we agree they lack merit.

The judgment in superior court No. A610763 is reversed; the judgment in superior court No. A015895 is affirmed.

Bird, C. J., Tobriner, J., Mosk, J., Richardson, J., Manuel, J., and Newman, J., concurred.

1

Defendant’s motion to relieve appointed counsel was considered by the trial court at three hearings. At the first hearing, the court, proceeding under the mistaken impression that defendant wish'ed to have counsel relieved in order to represent himself, continued the cause for further consideration of that question.