PEOPLE v. THOMPSON (1981)

OPINION

After admitting a prior robbery, defendant was convicted by a jury of robbery of a taxi driver. He alleges Beagle error.

Inasmuch as the prior was for a similar offense, the court avoided the similarity aspect of Beagle by ruling that the defendant could be impeached by the fact he had previously been convicted of a theft related offense. People v. Madaris, 122 Cal.App.3d 234, 175 Cal.Rptr. 869 and People v. Moultrie, 99 Cal.App.3d 77, 160 Cal.Rptr. 51, approve this procedure and hold that it is in full accord with Beagle. We agree. At the same time, we overrule People v. Barrick, 124 Cal.App.3d 767, 177 Cal.Rptr. 532, an opinion by another panel of this court which held to the contrary.

Defendant also contends that the court erred in denying his motion to substitute private counsel for court-appointed counsel. No way.

On the day of trial, a new attorney appeared who had talked to the defendant and his family but had not been retained. As the court said, this was hardly a motion for substitution. We agree. No trial court worth its salt is going to buy that kind of last minute shenanigan.

Judgment affirmed.

GARDNER, Presiding Justice.

KAUFMAN and McDANIEL, JJ., concur.