Does a defendant need substitute counsel to prepare and argue a motion for a new trial?

Regardless, defendant never requested substitute counsel. People v. Gay (1990) 221 Cal.App.3d 1065 (Gay) is instructive. In Gay, the defendant filed a handwritten motion for new trial claiming ineffective assistance of counsel. (Id. at pp. 1066-1067.) He asserted his appointed counsel failed to provide an adequate defense but did not request the court appoint new counsel to prepare or argue the motion for new trial. (Id. at pp. 1067-1068.) The trial court denied the motion without questioning the defendant or his counsel about the claimed ineffective assistance of counsel. (Ibid.) On appeal, the defendant argued the trial court erred because it "failed to determine whether it should appoint substitute counsel to present his motion for new trial." (Ibid.) The appellate court rejected the defendant's contention because he did not request substitute

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counsel to prepare and present a motion for new trial based on inadequate representation. (Id. at p. 1071.)