What is the test for a motion to discharge a court-appointed attorney?

California, United States of America


The following excerpt is from People v. Johnson, D069901 (Cal. App. 2016):

9. People v. Marsden (1970) 2 Cal.3d 118. When a trial court learns that a defendant in a criminal case is seeking to discharge court-appointed counsel and is requesting the appointment of a substitute attorney based on a contention that current counsel has provided inadequate representation, the court must hold a hearing on what the courts have referred to as a "Marsden motion" to permit the defendant to explain the basis of his or her contention and to relate specific instances of the attorney's alleged inadequate performance to allow the court to decide whether to grant the defendant's request. (People v. Sanchez (2011) 53 Cal.4th 80, 87.)

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