People v. Frias
Annotate this CaseThe case involved an appeal by Alexander Alberto Frias, who was convicted of stalking. Frias argued that the trial court violated his Sixth Amendment right to counsel of his choice by denying his four requests to substitute the Castaneda Law firm as his counsel. The Court of Appeal of the State of California, Second Appellate District, Division Seven, found that the trial court did not abuse its discretion in denying Frias's first three requests as the firm's attorneys were not ready for trial and the case had been pending for three years, during which time four different attorneys had represented Frias at his request. However, the court ruled that the trial court's denial of Frias's fourth request was an abuse of discretion. At the time of the fourth request, an attorney from the Castaneda firm announced he was ready for trial, subject to a few witness scheduling issues. The appellate court noted that while the trial court was concerned the Castaneda firm’s attorneys would seek a further continuance or that Frias would yet again seek to substitute in new counsel, nothing in the record showed that the Castaneda firm was not prepared for trial. Therefore, the court’s concerns were not sufficient grounds on which to deny Frias’s request to have retained counsel of his choice. The court held that the denial of Frias’s constitutional right to counsel of his choice was structural error, and thus reversed the judgment and remanded for further proceedings.
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