California, United States of America
The following excerpt is from People v. Middleton, 276 Cal.App.2d 566, 81 Cal.Rptr. 32 (Cal. App. 1969):
With regard to the first part of his request, the trial court stated why, in spite of the disagreement between appellant and his counsel over whether a motion under Penal Code, section 995 to set aside the information should have been made, it had complete confidence in that counsel's ability to present ably appellant's defense at the trial. An indigent defendant, such as appellant, does not have an unlimited constitutional right to his particular choice of counsel. (See People v. Manchetti, 29 Cal.2d 452, 458, 175 P.2d 533; People v. Stroble, 36 Cal.2d 615, 628--629, 226 P.2d 330; People v. Williams, 174 Cal.App.2d 364, 376--377, 345 P.2d 47, hear. den.) The constitutional mandate was met in this case by providing appellant with competent professional counsel even though that counsel was not appellant's personal choice.
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