When a defendant has appointed a new attorney to investigate a claim of ineffective assistance of trial counsel, is the proper procedure to substitute a new appointed attorney for all purposes?

California, United States of America

The following excerpt is from People v. Aguilera, F068828 (Cal. App. 2016):

^4. Where an appointed attorney is substituted to investigate a claim of ineffective assistance of trial counsel, the proper procedure is to substitute a new appointed attorney to investigate the claim and for all other purposes. (People v. Sanchez, supra, 53 Cal.4th at pp. 89-90.) We reject defendant's contention on appeal the trial court should have appointed a new attorney for all purposes as set forth in Sanchez. The People correctly argue the procedure explained in Sanchez is employed when a defendant has appointed counsel and there is an assertion of ineffective assistance of trial counsel.

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