v. Sifuentes

Citations

• 2019 COA 106

Syllabus

Defendant was charged with first degree criminal trespass, aggravated sexual assault on a child, and sexual assault on a child. His trial on the latter two charges ended with a hung jury. In a separate proceeding, defendant pleaded guilty to second degree criminal trespass, and the prosecution dismissed the first-degree trespass charge. Defendant was retried on the sexual assault charges. Six days before his retrial, and again on the first day of trial, defendant requested a continuance to retain private counsel. The trial court denied the request. On appeal, defendant contended that the district court abused its discretion when it denied his motion to continue. Here, defendant suggested that his representation was substantially definite he stated he selected a particular attorney and his family had saved nearly all the funds required for a retainer. However, the trial court failed to inquire further, so the record is insufficient to determine whether defendant invoked the right to hire private counsel or whether, if invoked, his right to counsel of choice outweighed the public's interest in the efficiency and integrity of the judicial system. The case was remanded for further findings regarding the definiteness of defendant's retention of chosen counsel.