PEOPLE v. HETRICK

Docket No. 11875.

125 Cal.App.3d 849 (1981)

178 Cal. Rptr. 303

THE PEOPLE, Plaintiff and Respondent, v. TERRY ALLEN HETRICK, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

November 19, 1981.


Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, Elaine A. Alexander, Chief Assistant State Public Defender, and Stephen J. Perrello, Jr., for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Jay M. Bloom and Robert M. Foster, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

STANIFORTH, Acting P.J.

Terry Allen Hetrick appeals his conviction (order granting probation) of a charge of assault with a deadly weapon (Pen. Code, § 245) arising out of a barroom brawl. Hetrick contends reversible error (1) regarding his motion for substitution of counsel and (2) because he was tried before a jury in jail garb. In our view the second contention has merit, requiring a retrial in civilian clothing.

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