Supreme Court of California

Conviction and sentencing of defendant for cultivating marijuana are vacated where the trial court erred by failing to hold a hearing on defendant's informal Marsden motion, because: 1) a trial court must conduct a Marsden hearing when there is at least some clear indication by the defendant, either personally or through counsel, that defendant wants a substitute attorney, and 2) if a defendant requests substitute counsel and makes a showing during a Marsden hearing that the right to counsel has been substantially impaired, substitute counsel must be appointed as attorney of record for all purposes.

Appellate Information

• Decided 12/05/2011
• Published 12/05/2011

Judges

• CHIN

Court

• Supreme Court of California

Counsel