People v. Barnes

Opinion

SPARKS, J.

In this case we consider the standard to be applied to a defendant’s motion to relieve his privately retained counsel and appoint the public defender in his stead. We hold that such a motion is governed by the same standard as a motion for substitution of one appointed counsel for another.

Defendant Dennis Dwayne Barnes appeals from a judgment sentencing him to state prison after the trial court found him guilty of five counts of attempted murder in violation of Penal Code sections 664 and 187, and found that in the commission of each crime he used a firearm within the

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meaning of Penal Code section 12022.5. The trial court further found that defendant was sane at the time of the commission of his crimes.

In this published portion of our opinion we review defendant’s contention that the trial court erred in denying his motion to discharge his retained counsel and appoint the public defender in his place. We reject that contention and affirm the judgment.

Discussion

Defendant contends the trial court erred in refusing to permit him to substitute counsel. This contention arises from two instances. In the first, when the matter came on for sentencing, retained counsel asked for a continuance. The reason for the continuance was that counsel had only recently received the probation report and wished to be allowed time to prepare a response and to submit information in mitigation. At that time trial counsel also indicated he had a disagreement with defendant on certain motions to be filed. Counsel believed the motions were without merit and that he should not file motions without potential merit. He noted that defendant was “really having a problem with me,” and that he would have to ask to be relieved. Defendant spoke to the question of relieving trial counsel. He essentially agreed that his problem was counsel’s unwillingness to file his suggested motions. The court advised counsel to consider the motions, and reminded him that many motions are filed which have no merit. The court granted the continuance, and refused to relieve counsel and appoint the public defender.