Opinion
No. 2017–K–0435
12-05-2017
STATE of Louisiana v. Cardale GREEN
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF EAST BATON ROUGE
PER CURIAM:
Writ granted. The question of withdrawal of counsel largely rests with the discretion of the trial court, and its ruling will not be disturbed in the absence of a clear showing of abuse of discretion. State v. Cousin , 307 So.2d 326, 328 (La. 1975) ; State v. Boudoin , 257 La. 583, 588–89, 243 So.2d 265, 267 (1971). Here, the trial court granted a motion by defense counsel to withdraw from the representation in which the state joined. Although counsel contend they did not anticipate the trial court would grant the motion, which they contend they only filed to protect themselves from a professional disciplinary complaint filed by the state, the fact remains that the trial court ruled exactly as requested in the defense motion. In addition, by the time of the hearing on the motion, the court of appeal and this court had denied writs on the state's challenge to the continued representation by counsel. Under these circumstances, we cannot find the trial court abused its discretion in granting the motion to withdraw. Therefore, the court of appeal erred in finding defendant was denied his right to counsel of choice. State v. Green , 16-0057, pp. 9-14 (La. App. 1 Cir. 2/7/17), 211 So.3d 683, 689–693. Accordingly, we reinstate defendant's convictions and sentences and remand to the court of appeal for consideration of the pretermitted assignments of error.
REVERSED AND REMANDED
Weimer, J., would grant and docket.
Hughes, J., would grant and docket.
Hughes J. , would grant and docket.
Weimer J. , would grant and docket.