California, United States of America
The following excerpt is from People v. Roldan, 110 P.3d 289, 27 Cal.Rptr.3d 360, 35 Cal.4th 646 (Cal. 2005):
Nevertheless, "that a court may refuse to accept a waiver does not mean the court must do so." (People v. Carpenter, supra, 15 Cal.4th at p. 376, 63 Cal.Rptr.2d 1, 935 P.2d 708.) Defendant fails to persuade that the trial court, presented with a defendant willing to waive his right to unconflicted counsel, and a defense attorney proposing to testify and support defendant's claim that he did not actually intend to harm the prosecutor, and aware that defendant had received independent legal advice, nevertheless abused its discretion by accepting defendant's proffered waiver. That defense counsel's resulting testimony was not as persuasive or focused as defendant would have liked does not undermine the trial court's exercise of discretion, which obviously must be tested by what was known to the court at the time it ruled.
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