People v. Vital CA6

Discussion A. Marsden Motion Defendant asserts that the judgment must be reversed because the trial court abused its discretion by not substituting counsel following his November 5, 2012 Marsden motion and hearing (see People v. Marsden (1970) 2 Cal.3d 118 (Marsden)). Defendant contends (1) the trial court failed to conduct an adequate Marsden inquiry and (2) the breakdown in communications between himself and defense counsel compelled a substitution of counsel. 1. Background On July 18, 2012, Judge Julie Culver heard and denied a Marsden motion brought by defendant. At a hearing before Judge Mark E. Hood on August 8, 2012, the court continued the case to September 5, 2012 for trial setting. Defendant told the court that he could no longer communicate with his attorney. The court told defendant that “we’ll be back on September 5th and your attorney will have an opportunity to meet with you.” During the hearing before Judge Culver on September 5, 2012, the court urged defendant to speak with defense counsel and let him know of any problems. Defendant responded, “I don’t trust him, period.” The court explained defendant’s refusal to speak with his counsel was an insufficient basis…