P. v. Walker
Defendant was convicted following a jury trial of forcible rape in concert (Pen. Code, § 264.1) and forcible oral copulation in concert (Pen. Code, § 288a, subd. (d)(1)). He complains in this appeal that the prosecutor committed misconduct, and he was improperly denied a hearing on his motion for substitution of counsel (People v. Marsden (1970) 2 Cal.3d 118 (Marsden). We conclude that under the circumstances no Marsden hearing was required, and no prejudicial prosecutorial misconduct was committed. We therefore affirm the judgment.
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