People v. Ortiz

Opinion

MOSK, J.

Defendant appeals from a conviction of second degree murder. The sole issue arises from the denial of defendant’s motion to discharge counsel: we are asked to resolve a conflict in the Courts of Appeal regarding the duty of a trial court when a defendant who has retained counsel, but becomes indigent, makes a timely motion to discharge his attorney and to obtain court-appointed counsel.

Here, the Court of Appeal held the trial court erred in denying such a motion on the ground that defendant failed to demonstrate his attorneys were incompetent. We conclude the Court of Appeal is…