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NG v. SUPERIOR COURT

Docket No. G020239.

52 Cal.App.4th 1010 (1997)

CHARLES CHITAT NG, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

February 14, 1997.

Attorney(s) appearing for the Case

COUNSEL

Richard Schwartzberg, Gary M. Pohlson and George Peters for Petitioner.

Ronald Y. Butler, Public Defender, Carl C. Holmes, Assistant Public Defender, William G. Kelley and James G. Merwin, Deputy Public Defenders, as Amici Curiae on behalf of Petitioner.

Robert R. Fitzgerald, in pro. per., for Respondent.

Daniel E. Lungren, Attorney General, Charlene A. Honnaka, Deputy Attorney General, and Peter H. Smith, District Attorney, for Real Party in Interest.

OPINION

RYLAARSDAM, J.

We hold the trial court abused its discretion in relieving appointed counsel pursuant to a motion under People v. Marsden (1970) 2 Cal.3d 118 [84 Cal.Rptr. 156, 465 P.2d 44] where there was no factual showing defendant's right to the assistance of counsel would be impaired by the continued...

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