Valcarcel v. State

The issue presented for our review is whether the trial court conducted a sufficient inquiry in the motion to continue a sentencing hearing where the continuance was critical to appellant retaining counsel of his choice. We find that the trial court summarily denied the motion to continue, which resulted in the summary denial of appellant’s counsel of choice. The denial was made without sufficient, or in this case, any inquiry. Additionally, the trial court did not make the proper or appropriate findings to demonstrate that appellant’s constitutional right to counsel of choice was not being…