P. v. Heneley CA4/1
A jury found defendant Kyle Henely guilty of 10 offenses arising from his use of altered stolen checks, and he was sentenced to five years in prison. Henely, who was represented at trial by appointed counsel, contends the trial court erred by (1) denying his request for a trial continuance to "try to gather money to retain an attorney," and (2) failing to treat the request as one for a hearing under People v. Marsden (1970) 2 Cal.3d 118 (Marsden). He also contends the trial court erred by failing to conduct a postconviction Marsden hearing after receiving a copy of a letter Henely sent to his counsel requesting that new counsel be assigned to file a motion for new trial based in part on alleged "[m]isconduct and ineffective counsel." We affirm.
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