South

Petitioner/defendant Torey T. South (South) seeks a writ of mandate directing respondent court to appoint an attorney to represent him at public expense. We conclude relief is not merited and deny the petition.

Facts

On December 27, 1984, South, a soldier in the United States Army, was charged with armed robbery. Thereafter, the municipal court referred him to the Santa Clara County Public Defender’s office for possible representation, but his application was denied because his income exceeded the eligibility standard set by the county. Thereafter, South retained an attorney, Mr. Robert Kieman (Kieman). He paid Kieman $2,300.

In October 1985, South filed a “Marsden” motion to discharge Kieman and for appointment of the public defender. The motion was denied. The record does not disclose the basis for South’s motion. Thereafter, South reapplied to the public defender’s office for representation. His application was again denied.

In January 1986, South brought a second “Marsden” motion for the same purpose. At a hearing in chambers, South conceded that Kieman had “a good track record” but expressed fear about going to trial because he had not seen any “progress” in his…