State v. Vicuna

Tony Vicuna was convicted of delivery of heroin and possession with intent to deliver. On appeal, he claims that the trial court erroneously granted his attorney’s request to withdraw on the eve of trial due to an alleged conflict of interest where the record contains no evidence of an actual conflict. He further argues that dismissal is required because, without evidence of a conflict, the trial court abused its discretion by continuing his speedy trial date to allow new counsel to substitute.

We agree that the trial court’s inquiry was insufficient to determine whether an actual conflict…