Does Defendant have the burden of demonstrating the need for the appointment of a second counsel at the penalty phase?

California, United States of America

The following excerpt is from People v. Roldan, 110 P.3d 289, 27 Cal.Rptr.3d 360, 35 Cal.4th 646 (Cal. 2005):

13. Defendant also contends the trial court abused its discretion because defense counsel needed assistance to meet the prosecutor's evidence, at the penalty phase, of defendant's three prior crimes. We agree with respondent that defense counsel bore the burden of demonstrating the need for the appointment of second counsel (People v. Staten, supra, 24 Cal.4th at p. 447, 101 Cal.Rptr.2d 213, 11 P.3d 968) and cannot rely on appeal on arguments not presented to the trial court.

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