State v. Valencia

OPINION

BENCH, Judge:

T1 Defendant Steven Valencia appeals from his conviction for retail theft, a third degree felony. Valencia argues that the trial court violated his Sixth Amendment right to counsel by refusing to appoint substitute counsel and by requiring him to proceed pro se. We reverse and remand.

BACKGROUND

{2 Valencia was charged with retail theft, a violation of Utah Code Ann. § 76-6-602 (1999). The charges arose from an incident at a jewelry store in Roy, Utah. Valencia and his wife were at the store dropping off a bracelet for repair. A store clerk noticed Valencia and his wife…