What is the test for denying a defendant's right to replace counsel?

California, United States of America


The following excerpt is from People v. Robbins, B281576 (Cal. App. 2018):

Once a defendant has been afforded an opportunity to explain and provide specific instances of inadequate performance, " '[t]hereafter substitution is a matter of judicial discretion.' " (People v. Horton (1995) 11 Cal.4th 1069, 1102.) "Denial is not an abuse of discretion 'unless the defendant has shown that a failure to replace counsel would substantially impair the defendant's right to assistance of counsel.' " (People v. Taylor (2010) 48 Cal.4th 574, 599.)

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