Does a Defendant have a right to replace his privately retained choice of counsel at anytime during the trial court proceeding even up to and at the actual point in time of the actual sentencing phase??? Even, Where there would not be any 'disruption of the orderly processes of justice'; where there is no jury waiting in the wings and where there are no witnesses that would have to be ordered back??? (See, People v Ortiz (1990)51 Cal. 3d 975, 982-983 at p. 988; People vs. Munoz (4-17-2006) 138 CA 41h 860; People vs. Hernandez (5-5-2006) 139 CA 4' 101, 109; U.S. vs. Gonzalez-Lopez (6-26-2006) 548 US 140; Gall vs. US (2007) 522 US 38; Chapman vs. California (1967) 386 US 18, 23; Cuyler vs. Sullivan (1980) 466 US 335; People vs. Gzikowski (1982) 32 Cal. 3d 580, 586 and Code of Civil Procedure §284 subd. (2))
When a Defendant is denied the right to retain his own choice of counsel, is that denial [equivalent to forcing him into trial] without adequate representation even into the sentencing phase where a significant due process violation has already taken place prior to the actual sentencing proceedings where defendant's retain counsel had failed to make a timely motion for the defendant to withdrawn the plea that counsel had the defendant enter into for a single count filed beyond the Statute of Limitations? Did this denial significantly prejudice the defendant's fundamental due process rights? (See, People v. Ortiz (1990) 51 Cal. 3d 975, 982-983 at p. 988; People vs. Munoz (4-17-2006) 138 CA 4 th 860; People vs. Hernandez (5-5-2006) 139 CA 4th 101, 109; United States vs. Gonzalez-Lopez (6-26-2006) 548 US 140; Gall vs. US (2007) 522 US 38; Chapman vs. California (1967) 386 US 18, 23; Cuyler vs. Sullivan (1980) 466 US 335; People vs. Gzikowski (1982) 32 Cal. 3d 580, 586 & CCP §284 subd. (2))
Where the court record is [b]ereft of any reasonable basis as to why was the defendant's verbal Motion to Withdraw his Plea was unreasonable or was even assumed untimely in light of the fact that the trial sentencing court judge would not allow the defendant to replace his privately retained counsel of his choice so that the Motion to Withdraw his Plea could be properly filed and plead in light of his due process violations; Did the court violate the defendant's fundamental choice to retain another private Counsel? (See, [People vs. Marsden (1970) 2 C. 3d 118; People vs. Griggs (1941) 17 C. 2d621; People vs. Schwarz (1927) 201 Cal. 309, 314; Carter vs. Illinois (1946) 329 US 1731 Due to Improperly Induced—Co
Does a defendant have a right to replace his privately retained counsel at any time during trial court proceedings?