People v. Jenkins

Defendant was convicted, after bench trial, of retail theft and sentenced to 4 years. Court denied leave to substitute counsel (from public defender for private counsel), as private counsel was not ready for trial that day. Case had been pending for 5 months, had never been continued, and Defendant had never previously sought to change attorneys. Court made no findings that Defendant was attempting to thwart his prosecution and did not indicate Defendant had been uncooperative with his counsel. Court erred in denying request to substitute counsel without making further inquiry. ((GRIFFIN and PIERCE, concurring.)