Graham

The present appeal, by the People, is from an order granting a peremptory writ of mandate, commanding the municipal court to set aside its previous order and permit Attorney Osby Davis to represent respondent, Willie Graham, who was charged with violating Penal Code section 273d (infliction of cruel bodily punishment on a child).

Following his retention by Graham, Davis was appointed to the Solano County Board of Supervisors; shortly thereafter, just prior to the Graham trial, the People moved to disqualify Davis on grounds of conflict of interest. The municipal court granted the motion; the superior court, on Graham’s petition, granted mandamus, in effect reversing the municipal court, and the People’s appeal followed.

At the outset, we recognize that, given the close official relationship, fiscally and otherwise, which obtains between county boards and district attorneys, it is plainly undesirable for a supervisor to oppose the local district attorney in a criminal case. We acknowledge, too, that while a criminal defendant has in general the right to be represented by counsel of his choice (see People v. Crovedi (1966) 65 Cal.2d 199, 206 [ 53 Cal.Rptr. 284 , 417 P.2d…