People v. Smith

BAXTER, J., Concurring.

The majority holds that the test by which a trial court should exercise its discretion to grant a defendant’s motion, made pursuant to People v. Marsden (1970) 2 Cal.3d 118 [84 Cal.Rptr. 156, 465 P.2d 44], for appointment of substitute counsel includes two elements. The first looks back to determine if counsel has provided constitutionally adequate representation. If so, the motion should be denied. If not, the court must assess the manner in which counsel’s representation falls short and appoint substitute counsel if it appears to the court that failure to do so will…