Mayfield

People v. Mayfield

Good Law
1927 Cal. App. LEXIS 362·85 Cal. App. 77·259 P. 75
Court of Appeal of CaliforniaAugust 13, 1927Docket No. 1470.California848 words

Opinion

Lead Opinion

Conrey, J.

The only ground of appeal presented by defendant consists of a claim that he was compelled to accept counsel not chosen by him, and was denied the right to present his own defense without counsel.

At the time of entering defendant’s plea he was represented by attorneys, who thereafter at the defendant’s request were permitted to withdraw from the case. The court then asked the public defender “in view of the defendant’s attitude to sit in on the case and render such assistance as the defendant is willing to accept from him.” The public defender appeared with the defendant at the trial. The defendant stated to the court that he had made arrangements with another attorney who at the time was out of the state of California, and therefore could not be present. That defendant did not entirely disclaim the assistance of the public defender at that time is indicated by the fact that the public defender stated to the court that the defendant had handed to him a list of witnesses whom he wished subpoenaed in the case. To this statement defendant took no exception. The public defender cross-examined the state’s witnesses, without any further objection from the defendant.

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