People v. Coleman

Opinion

PERLEY, J.

Aaron Maurice Coleman (appellant) appeals from a judgment of conviction upon a jury verdict finding him guilty of second degree murder (Pen. Code, § 187). The jury also found that appellant was an ex-felon in possession of a firearm and that he had suffered two prior convictions (Pen. Code, §§ 12021, 667, 667.5, subd. (b)). We reverse the judgment because the trial court failed to grant a mistrial on the ground of legal necessity.

Factual Background

Following defense counsel’s opening statement and after one of the People’s witnesses had begun testifying, appellant moved to substitute counsel pursuant to

People

v.

Marsden

(1970) 2 Cal.3d 118 [84 Cal.Rptr. 156,465

[495]

P.2d 44], Appellant told the court that he wanted new counsel appointed because his defense counsel had misstated the evidence in her opening statement. He also said that if he testified, the jury would perceive him as a liar because of defense counsel’s statement.

1

In a further hearing on the

Marsden

motion, defense counsel objected to the

Marsden

motion and urged the court to grant a mistrial arguing that a mistrial was the appropriate remedy given her misstatement of the evidence in the opening statement. The trial court took both motions under submission and proceeded to hear additional evidence in the trial. After the People’s first and second witnesses completed their testimony, the trial court ruled on appellant’s motions. The trial court granted the

Marsden

motion and denied the mistrial motion without prejudice.

Substitute counsel was appointed for appellant. The trial court continued the matter for several days. Appellant then made another