People v. Abernathy 

Defendant, age 19, was convicted of aggravated battery with firearm, and sentenced to 16 years incarceration. During posttrial proceedings, court denied request of Defendant, who stated he was indigent, to discharge his privately retained attorney and to appoint PD for him. Court denied Defendant right to counsel as it failed to conduct inquiry into his financial circumstances. Even though Defendant's family may have fully paid his private counsel before Defendant asked that he be removed, indigent person's right to counsel is fundamental, and no financial disadvantage to public in Defendant making first request for appointed counsel at this stage, as he would have been entitled to PD from start of case, if he were shown to be indigent.