Turner

People v. Turner

Good Law
1992 Cal. App. LEXIS 864·7 Cal. App. 4th 913·9 Cal. Rptr. 2d 388
Court of Appeal of CaliforniaJune 2, 1992A053335California2,361 words

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.

At…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.