People v. Brown (1988)

In People v. Brown (1988) 203 Cal. App. 3d 1335, the Court of Appeal upheld the trial court's denial of a motion to withdraw similarly brought on the first day set for trial. There, an in camera hearing was held. "At an in camera hearing, outside of the prosecutor's presence, defense counsel told the court that it had become clear the previous afternoon when meeting with defendant that substantial differences had arisen between them. He felt he now had an irreconcilable conflict in representing defendant. At the same in camera hearing defendant insisted he saw no alternative to testifying on his own behalf if he wished to be exonerated of the charges against him. Defense counsel stated he could not, however, in good conscience allow defendant to testify as he indicated he would, believing defendant's testimony would be perjured. Defense counsel told the court he had told defendant that if defendant testified as he proposed, he felt he (defense counsel) would be suborning perjury. Nevertheless defendant insisted upon testifying to certain things defense counsel did not believe to be the truth and told his counsel he did not want him as his attorney. Counsel asked to be relieved as defendant's attorney. Defendant joined in the request, telling the court that if his attorney did not feel he could do a good job, defendant did not feel he could do a good job." ( Id. at p. 1338.)