Petty

Elwood Lee Petty, convicted of burglary and sentenced to prison for the upper term of three years, contends that the trial court erred in denying his request for appointment of new counsel, in admitting evidence of an uncharged prior offense, in failing to instruct the jury as to the requisite intent for aiding and abetting, and in sentencing him to the upper term. We find no reversible error, and affirm.

I. The trial court did not abuse its discretion in denying appellant’s request for appointment of new counsel.

Appellant was an indigent defendant with court-appointed counsel from the private defender panel. On the morning of trial, shortly before jury selection, and out of the presence of prospective jurors, appellant expressed dissatisfaction with his attorney, whom he felt did not “have enough influence” to represent him, and with whom he had disagreed concerning various trial tactics. The court explored appellant’s complaint at length, permitted him to state the reasons for his dissatisfaction, then discussed the situation with defense counsel, and concluded there had been no showing of a breakdown in the attorney-client relationship as would jeopardize…