White

Defendants Arvilla White and Robert White were first charged in November 1984 with multiple violations of the Health and Safety Code: count one, violation of section 11378 (possession of methamphetamine for sale); count two, section 11358 (unlawful cultivation of marijuana); and count three, section 11359 (possession of marijuana for sale). A third defendant, Victor Buckner, was also charged in the same information with two counts of violating the Health and Safety Code.

At their arraignment, all three defendants were represented by the same attorney, Mr. Daniels. Daniels had represented Arvilla White and Robert White at their preliminary hearing. Arvilla White indicated at the arraignment she would retain Thomas Daly as her attorney. Daly was in fact confirmed as retained counsel for her on December 7, 1984.

On February 8, 1985, the district attorney filed a motion requesting the court appoint independent counsel for defendants Robert White and Victor Buckner. The motion was withdrawn after Buckner’s case was severed.

On February 21, 1985, Attorney Daniels filed a motion to suppress evidence pursuant to Penal Code section 1538.5. The motion challenged the validity of…