State v. Bowling, 011019 AZAPP1, 1 CA-CR 18-0091

Docket Nº:1 CA-CR 18-0091
Opinion Judge:JOHNSEN, JUDGE:
Party Name:STATE OF ARIZONA, Appellee, v. BRADLEY JUSTIN BOWLING, Appellant.
Attorney:Arizona Attorney General's Office, Phoenix By Nicholas Chapman-Hushek Counsel for Appellee Maricopa County Public Defender's Office, Phoenix By Rena P. Glitsos Counsel for Appellant
Judge Panel:Presiding Judge Diane M. Johnsen delivered the decision of the Court, in which Judge Maria Elena Cruz and Judge Randall M. Howe joined.
Case Date:January 10, 2019
Court:Court of Appeals of Arizona
 
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STATE OF ARIZONA, Appellee,

v.

BRADLEY JUSTIN BOWLING, Appellant.

No. 1 CA-CR 18-0091

Court of Appeals of Arizona, First Division

January 10, 2019

Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County No. CR2017-106927-001 The Honorable William R. Wingard, Judge Pro Tempore

Arizona Attorney General's Office, Phoenix By Nicholas Chapman-Hushek Counsel for Appellee

Maricopa County Public Defender's Office, Phoenix By Rena P. Glitsos Counsel for Appellant

Presiding Judge Diane M. Johnsen delivered the decision of the Court, in which Judge Maria Elena Cruz and Judge Randall M. Howe joined.

MEMORANDUM DECISION

JOHNSEN, JUDGE:

¶1 Bradley Justin Bowling appeals his disorderly conduct and shoplifting convictions and the resulting sentences, arguing the superior court abused its discretion when it failed to inquire into his purported request for new counsel. For the following reasons, we affirm.

FACTS AND PROCEDURAL BACKGROUND

¶2 Bowling was charged with disorderly conduct, a Class 6 felony, and shoplifting, a Class 1 misdemeanor. The superior court found Bowling indigent, appointed him a lawyer and set a firm trial date.

¶3 At the beginning of the comprehensive pretrial conference one month before trial, the following exchange occurred: [Defense counsel]: Your Honor, before we address the [scheduled pretrial matters], Mr. Bowling would like to address the Court.

[Bowling]: [H]ow do I get my lawyer removed from the case?

The Court: I'm sorry, what?

[Bowling]: My lawyer removed from the case.

The Court: Well, you need to file a motion.

[Bowling]: Yeah, I can't file because my hand is all messed up and [Defense counsel] said I could just ask you and you would remove him, and deal with it.

The Court: No, I don't deal with oral motions. You have to file something in writing.

[Bowling]: I guess you're on board, because I can't write. I have all those pins in my hand.

[Defense counsel]: Your Honor, I'm not - I'm unable to file a motion to remove myself, so . . .

...

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