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PEOPLE v. NORIEGA

No. S160953.

48 Cal.4th 517 (2010)

THE PEOPLE, Plaintiff and Respondent, v. DANIEL LORETO NORIEGA, Defendant and Appellant.

Supreme Court of California.

April 5, 2010.

Attorney(s) appearing for the Case

Mark L. Christiansen, under appointment by the Supreme Court, for Defendant and Appellant.

Richard Such for California Attorneys for Criminal Justice as Amicus Curiae on behalf of Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Donald E. De Nicola, Deputy State Solicitor General, Gary W. Schons, Assistant Attorney General, Steve Oetting and Lise S. Jacobson, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KENNARD, J.—

Before trial, and over defendant's objection, the trial court replaced defendant's appointed counsel, the public defender, because of a perceived conflict of interest arising from the public defender's previous representation of a potential prosecution witness in defendant's case. A jury convicted defendant, and he appealed. A divided Court of Appeal panel reversed the judgment of conviction.

All three justices...

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