Munoz

In People v. Ortiz (1990) 51 Cal.3d 975 [ 275 Cal.Rptr. 191 , 800 P.2d 547 ] (Ortiz), our Supreme Court held a criminal defendant has the right to relieve his retained attorney and have new counsel appointed without demonstrating his retained attorney is incompetent. The issue in this case is whether Ortiz applies when the defendant seeks to relieve his retained attorney and have new counsel appointed after the defendant has been convicted. We hold that in the circumstances of this case, it does. Because the trial court ruled otherwise, and because the record shows the defendant was entitled to have new counsel appointed under Ortiz , we reverse and remand for further proceedings.

George Makary and his date were sitting in Makary’s car when three men approached them. One of the men brandished a knife and demanded Makary give up his money and his car. When Makary refused, he stabbed him.

At trial, the primary issue was identification. Makary identified defendant as his assailant, but his date could not. In fact, she did not think defendant even resembled the stabber. The defense presented evidence suggesting the stabbing was actually committed by one of defendant’s…