No. 04CAC03018. | Ohio Ct. App. | Sep 8, 2004
{¶ 3} On February 4, 2004, the day before the scheduled jury trial, appellant filed a pro se letter with the trial court requesting a postponement. According to a February 5, 2004 Judgment Entry, the trial court granted the request, and continued the matter until a new date as assigned by the trial court due to appellant's requesting new counsel and postponement. However, appellant entered a plea of no contest on February 5, 2004. The trial court accepted the plea, and sentenced appellant accordingly.
{¶ 4} It is from the January 30, 2004 Judgment Entry of the trial court denying counsel's motion to withdraw appellant assigns the following as error:
{¶ 5} "I. The appellant's sixth amendment right to counsel was violated by the trial court's refusal to allow appellant counsel of his choice."
{¶ 7} In speaking on the subject of effective assistance of counsel in State v. Hester,
{¶ 8} "We hold the tests to be whether the accused, under all the circumstances, including the fact that he had retained counsel, had a fair trial and substantial justice was done".
{¶ 9} The right to effective assistance of counsel does not equate with the right of a defendant to have counsel of his choosing. As the court stated in Wheat v. United States (1988),
{¶ 10} "[W]hile the right to select and be represented by one's preferred attorney is comprehended by the Sixth Amendment, theessential aim of the Amendment is to guarantee an effectiveadvocate for each criminal defendant rather than to ensure that a defendant will inexorably be represented by the lawyer whom he prefers." (Emphasis added).
{¶ 11} An indigent defendant has a right to competent counsel, not a right to counsel of his own choosing. Thurston v. Maxwell
(1965),
{¶ 12} In State v. Green, Stark App. No. 1996CA00058, August 19, 1996, this Court held:
{¶ 13} "The right of an accused to select his own counsel is inherent only in those cases wherein such accused is employing the counsel himself. The right to have counsel assigned by the court does not impose a duty on the court to allow the accused to choose his own counsel; the selection is within the discretion of the court. "Further, "[t]he right to competent counsel does not require that a criminal defendant develop and share a `meaningful relationship' with his attorney." State v. Blankenship (1995),
{¶ 14} "* * * [A]n indigent defendant is entitled to the appointment of substitute counsel only upon a showing of good cause, such as a conflict of interest, a complete breakdown in communication, or an irreconcilable conflict which leads to an apparently unjust result. Id., citing State v. Pruitt (1984),
{¶ 15} In the case sub judice, based upon our review of the record below, we do not believe that appellant has demonstrated that the breakdown in his relationship with his attorney either: (1) caused counsel's performance to be deficient; or (2) that any deficiency in counsel's performance prejudiced the defense. Accordingly, we find no evidence demonstrating substantial justice was not done.
{¶ 16} Appellant's sole assignment of error is overruled.
{¶ 17} The January 30, 2004 Judgment Entry of the Delaware Municipal Court denying counsel's motion to withdraw, and appellant's subsequent conviction and sentence are affirmed.
Hoffman, J., Gwin, P.J. and Wise, J. concur.
For the reason stated in our accompanying Memorandum-Opinion, the January 30, 2004 Judgment Entry of the Delaware Municipal Court is affirmed. Costs assessed to appellant.