Jones

In this murder case, the trial court removed defendant’s appointed attorney because the attorney’s previous representation of a man whom the defense suspected of committing the murder created a potential conflict of interest; the removal occurred notwithstanding defendant’s offer to waive the potential conflict. Defendant contends the removal violated his right to counsel under the federal and the state Constitutions. We disagree.

I

In February 1992, Boyd Wagner, a 92-year-old man, was found dead in his home in Cottonwood, a small community in Shasta County. Two years later, in March 1994, defendant, who lived near Wagner, was charged with murdering him. The Shasta County Municipal Court appointed Shasta County Public Defender Frank O’Connor to represent defendant. O’Connor assigned defendant’s case to Deputy Public Defender Gary Roberts.

For the next two years, Roberts represented defendant. At some point, apparently in early 1995, O’Connor ceased to be the public defender; but Roberts, by then an associate in O’Connor’s law firm, continued to serve as defendant’s counsel.

Roberts filed numerous motions and engaged in extensive pretrial litigation, most of which…