P. v. Williams

Filed 9/7/06 P. v. Williams CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

APPEAL from a judgment of the Superior Court of Los Angeles County. John A. Torribio, Judge. Affirmed in part, reversed in part and remanded with directions.

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Greg M. Kane, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Stephanie C. Brenan and Tasha G. Timbadia, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant Michael T. Williams appeals from a judgment of conviction of second degree murder with special allegations of intentional use of a firearm causing great bodily injury and death. He contends that the trial court erred when it denied his motions to discharge his retained counsel and for a new trial. We agree that the court erred as to the motion to discharge counsel. Because defendant sought to replace his counsel in order to move for a new trial with new counsel but was refused, we need not reach the sufficiency of his motion for new trial. For this reason, we address the facts of the alleged crime only briefly.

FACTS

Defendant attended a party on the night of May 25, 2003. Between 3:00 and 4:00 a.m. the next morning, at the location of the party, witnesses heard a conversation between defendant and Herman Brown, a good friend of defendant's. The two men became involved in an argument after defendant refused Brown a â€