State v. Smith

212 P.3d 232 (2009)

STATE of Kansas, Appellee,

v.

Charles E. SMITH, Appellant.

No. 99,655.

Court of Appeals of Kansas.

July 24, 2009.

Meryl Carver-Allmond, of Kansas Appellate Defender Office, for appellant.

Mark A. Simpson, assistant district attorney, Charles E. Branson, district attorney, and Steve Six, attorney general, for appellee.

Before GREENE, P.J., PIERRON and GREEN, JJ.

GREEN, J.

The issue before this court is whether the trial court abused its discretion in refusing to appoint Charles Smith new counsel. Based on the lone assertion of Smith's attorney who refused to present potentially…