When can a defendant withdraw a no contest plea by asking to withdraw a plea based on ineffective assistance of counsel?

requiring that a different lawyer represent him for that purpose. When called upon to rebut a claim of ineffective assistance "the original attorney is placed in an awkward position," but that alone does not trigger the need for new counsel. (People v. Smith, supra, 6 Cal.4th at p. 694.) Were it otherwise, every defendant would be entitled to a new attorney on demand simply by asking to withdraw a plea based on ineffective assistance of counsel. (Ibid.) Here the trial court determined through an appropriate hearing process that there was neither deficient performance in advising defendant nor a conflict of interest warranting replacement of counsel. Having reached that conclusion, it was not an abuse of discretion for the trial court to deny defendant's request to withdraw his no contest plea without appointing substitute counsel to assist with a motion.

The judgment is affirmed.

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/s/_________
Grover, J.