People v. Brodie CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The substantive facts underlying the convictions are not relevant to the issue raised on appeal and are therefore not recounted here. Defendant was convicted of first-degree residential burglary (Pen. Code, § 459) and possession of a controlled substance while armed with a firearm (Health & Saf. Code, § 11370.1, subd. (a)). At the trial readiness conference, 18 days before trial, defendant made a People v. Marsden (1970) 2 Cal.3d 118 (Marsden) motion contending he had obtained new counsel and had “fired” his appointed counsel. The trial court held a hearing in a closed session during which defendant argued: “THE DEFENDANT: Ken VanDervoort is my attorney. “THE COURT: Right, and he’s not here. “THE DEFENDANT: Right because I did not know this hearing was taking place. I thought the trial was set for the 11th. “THE COURT: We have a trial coming up, so I’m not going to relieve Mr. Osborne unless your attorney - - “THE DEFENDANT: Please do because I fired him twice. Can you call - - “THE COURT: Well, you can’t fire him. “THE DEFENDANT: I have to. “THE COURT: Either you are represented by another attorney and I have to have that attorney here or you…