P. v. Agbabiaka CA2/2
Fatai Agbabiaka (defendant) was charged with felony possession of controlled substances, and convicted by a jury of the lesser included crime of simple possession. On appeal, he argues that the trial court abused its discretion in not conducting an in camera hearing pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden) after he told the court that he was looking to “[g]et rid of” his appointed counsel and was “asking for somebody else.” Defendant is right, and we conditionally reverse his convictions and order that the trial court conduct an in camera hearing at which defendant may state his reasons for desiring the appointment of new counsel; if those reasons satisfy Marsden’s requirements for the appointment of new counsel, the court must order a new trial. (Accord, People v. Minor (1980) 104 Cal.App.3d 194, 200 (Minor).)
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