State v. Toney

Buser, J.:

Marcus D. Toney appeals the denial of his motion to withdraw his plea. In part, Toney contends his court-appointed public defender had an actual conflict of interest at the hearing on the motion. According to Toney, this conflict arose because one of the grounds for his motion to withdraw plea was that his public defender (who also represented him at the hearing on the motion) failed to properly investigate his case prior to the plea. Toney contends his public defender either failed to argue her own ineffectiveness at the hearing or faded to withdraw as counsel in order to testify…