How has the trial court treated a motion to suppress a motion by a public defender appointed to represent defendant?

California, United States of America


The following excerpt is from People v. Agbabiaka, B285194 (Cal. App. 2018):

More than two months prior to trial, defendant informed the trial court that he "would like to have another lawyer." The trial court held a hearing outside the prosecutor's presence, and asked defendant to elaborate. Defendant explained that he had a "conflict of interest" with the public defender appointed to represent him because she wanted to file a motion for discovery under Pitchess v. Superior Court (1974) 11 Cal.3d 531, while he wanted to file a second motion to suppress under Penal Code section 1538.5 (his first motion had been denied). The trial court stated that it had no reason "to believe" that the public defender "has done anything wrong or is not capable of representing [defendant] fully in this matter," and denied the motion.

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