Turner
People v. Turner
Opinion
Opinion
Smith, J.
James Turner appeals from an order revoking probation. He asserts that the trial court erred by relying on People v. Marsden (1970) 2 Cal.3d 118 [ 84 Cal.Rptr. 156 , 465 P.2d 44 ] (Marsden), to deny his request for new counsel. He contends that his counsel, a staff attorney in a neighborhood legal services clinic, should have been viewed as “retained” counsel subject to discharge without cause under People v. Ortiz (1990) 51 Cal.3d 975 [ 275 Cal.Rptr. 191 , 800 P.2d 547 ] (Ortiz). We find no error, and affirm.
Background
Defendant was convicted in February 1987 of selling narcotics in violation of Health and Safety Code section 11352. He was placed on probation for five years. In October 1990 the district attorney moved to revoke probation, based upon an incident in which defendant reportedly threatened a peace officer. The petition was later augmented to reflect defendant’s arrest in the company of an escapee from the Marin County jail. The two men were apprehended in a stolen car, on the floor of which police found rock cocaine crystals. The men had been staying in a motel room, in which police found the fruits of a strong-arm robbery at the San Francisco Airport.