P. v. Lupu CA4/2
The trial court placed defendant and appellant Florin Lupu on formal probation after a jury convicted him of dissuading a witness and two counts of misdemeanor assault. In this appeal, defendant argues the trial court erred when it failed to hold a hearing under People v. Marsden (1970) 2 Cal.3d 118 (Marsden) after he indicated at a pretrial hearing on his Faretta motion that he either wanted to represent himself or, “if not, then I would like to be represented by that attorney right there that’s sitting down.” We conclude that the trial court had no duty to hold a Marsden hearing because defendant never complained about his counsel or clearly indicated that he wanted to replace his counsel.
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