State v. Martinez

41 34 I respectfully dissent from the majority's decision determining that the trial court was adequately apprised of Defendant's complaints before it denied Defendant's motion for substitution of counsel. The trial court's failure to further inquire into and fully inform Defendant of the cireumstances pertaining to the conflict of interest, are flaws affecting the framework within which the trial *661proceeded that are equivalent to structural error. See State v. Cruz, 2005 UT 45, ¶ 17, 122 P.3d 548 ("Structural errors are flaws in the framework within which the trial proceeds, rather than…