If a defendant makes a motion for a continuance of trial on grounds of ineffective assistance of counsel at trial, is it appropriate to appoint a new counsel to prepare the motion?

Citing People v. Bolin (1998) 18 Cal.4th 297 at page 346, defendant points us to the obvious, that if a defendant asks the trial court to appoint new counsel to prepare a motion for new trial on grounds of ineffective assistance of counsel at trial, the court should hold a hearing and it may, in its discretion, appoint new counsel for defendant. But that request was not made in this case. Here, the new trial motion raised the claim of newly discovered evidence and did not assert that prior defense counsel lacked diligence in discovering it. The oral motion for a continuance requested time to investigate an entirely new and different claim of additional evidence, raised for the first time at the hearing by the defendant himself, accompanied by an assertion that his prior (not current) attorney "didn't listen to [him]" about it. The trial court did not err in declining to inquire further about this new claim, and certainly did not err in failing to sua sponte appoint a

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