What is the test for revocation of a defendant's right to counsel?

California, United States of America


The following excerpt is from The People v. Wright, C061361, No.NCR73276 (Cal. App. 2010):

"When a criminal defendant who has waived his right to counsel and elected to represent himself... seeks, during trial, to revoke that waiver and have counsel appointed, the trial court must exercise its discretion under the totality of the circumstances, considering factors including the defendant's reasons for seeking to revoke the waiver, and the delay or disruption revocation is likely to cause the court, the jury, and other parties." (People v. Lawrence (2009) 46 Cal.4th 186, 188.) Relevant factors in considering the totality of the circumstances include "'(1) defendant's prior history in the substitution of counsel and in the desire to change from selfrepresentation to counsel-representation, (2) the reasons set forth for the request, (3) the length and stage of the trial proceedings, (4) disruption or delay which reasonably might be expected to ensue from the granting of such motion, and (5) the likelihood of

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