Is a defendant entitled to discharge or appoint a new attorney on remand?
California, United States of America
The following excerpt is from People v. Pedroza, G049089 (Cal. App. 2016):
In a supplemental letter brief, defendant asks for a new attorney on remand. As defense counsel at trial was retained, rather than appointed, he may, of course, discharge trial counsel and either retain new counsel or seek appointment of the public defender. As long as he does so in a timely manner, it is difficult to envision any prejudice to the prosecution. (See People v. Ortiz (1990) 51 Cal.3d 975, 983-984.)
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