State v. WilliamsLower Court Citation or Number: 300 P.3d 788 Disposition: Denied.
"A trial court's ruling on a motion to withdraw is discretionary, but the court abuses its discretion if its denial of the motion violates the defendant's constitutional right to counsel." State v. Williams, 2013 UT App 101, ¶ 8, 300 P.3d 788, cert. denied, 312 P.3d 619 (Utah 2013). See also State v. Alvarez-Delvalle, 2012 UT App 96, ¶ 2, 275 P.3d 279 ("We review whether the trial court's refusal to appoint substitute counsel violated [a defendant's] Sixth Amendment right for correctness."), cert. denied, 285 P.3d 1229 (Utah 2012).
Harvey did not raise these claims in the district court, and therefore they are not preserved. Accordingly, he raises them on appeal claiming plain error and ineffective assistance of counsel. See State v. Williams, 2013 UT App 101, ¶ 2, 300 P.3d 788 (observing that claims of plain error and ineffective assistance of counsel are exceptions to the preservation rule). Plain error requires a defendant to show that “(i) an error exists; (ii) the error should have been obvious to the trial court; and (iii) the error is harmful.”