Lucev

Following a jury trial, defendant George Lucev appeals from a judgment sentencing him to life imprisonment without the possibility of parole for aiding and abetting the first degree murder of Walter Jelenic. The special circumstances underlying the sentence were that the murder was for financial gain (Pen. Code, § 190.2, subd. (a)(1)), and was committed while lying in wait (Pen. Code, § 190.2, subd. (a)(15)).

Facts

The nature of the contentions presented obviates the necessity for a summary of the facts surrounding the murder. Facts relevant to the issues will be set forth in our discussion below.

Contentions

Lucev contends (1) the trial court’s sua sponte substitution of defense counsel denied him the right to counsel, (2) his trial counsel was incompetent, and (3) the trial court’s denial of his motion to suppress the testimony of Michael Pena was improper.

Discussion

1. Substitution of Counsel

Lucev contends the trial court denied him his right to counsel when, on its own motion, it relieved the public defender as trial counsel and appointed another attorney to represent defendant. The relevant facts are as follows:

On July 9, 1984, the trial court set the case…