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People v. Mayfield1/2/1997
823-824.) Viewing the instructions as a whole, as they would appear to a reasonable juror, we conclude that there was no reasonable likelihood that the jury was actually misled. Having been correctly instructed three times in writing and twice orally, a reasonable juror would not have disregarded all of these instructions in favor of the single incorrect instruction. (See People v. Andrews (1989) 49 Cal. 3d 200, 215-216 [260 Cal. Rptr. 583, 776 P.2d 285].)
VI. PENALTY PHASE
A. Motion to Replace Counsel
Defendant contends that the trial court erred in denying his motion, made before the penalty phase of the trial, to appoint new counsel to represent him. Defendant also contends that the trial court erred in denying a requested one-week continuance of the hearing on the motion.
1. Facts
On Monday, December 28, 1987, the date scheduled for commencement of the penalty phase, defendant's attorney, Gene Bristoll, informed the court that members of defendant's family wished to confer with defendant about the possibility of having new counsel appointed. The court granted a 20-minute recess to permit defendant to confer with his family, followed by an additional recess, at defendant's request, to permit defendant to confer with Bristoll. Thereafter, Bristoll told the court that defendant was concerned that Bristoll had not made sufficient efforts before the trial to contact witnesses who might have personal knowledge of prior violent conduct by Sergeant Wolfley. Defendant added that he had given Bristoll the names of potential witnesses, including William Armstrong and football star Ronnie Lott. After recalling that the defense had moved for disclosure of Sergeant Wolfley's personnel records, and that its own in camera examination of those records had revealed nothing relevant (see Pitchess v. Superior Court (1974) 11 Cal. 3d 531 [113 Cal. Rptr. 897, 522 P.2d 305]), the trial court invited Bristoll to comment on the failure-to-investigate charge. Bristoll replied that the investigator responsible for this phase of the trial preparation was not then available. The trial court denied the motion for new counsel, remarking that it could be renewed whenever defendant had additional evidence or grounds to present. The court added its own observation that throughout the trial up to that point defendant and Bristoll had appeared to have an unusually good and close working relationship.
On Tuesday, December 29, 1987, defendant renewed the motion for new counsel "because of a breakdown in communications as far as our differences in opinions on the proceedings." Defendant also requested counsel to advise him or represent him specially as to this motion.
On Wednesday, December 30, 1987, the trial court appointed Donald Ames to represent defendant for purposes of the motion to substitute counsel for the penalty phase.
On Monday, January 4, 1987, Ames submitted on defendant's behalf a written motion to relieve Bristoll as attorney of record "on the grounds of ineffective assistance of counsel, and breakdown of the attorney/client relationship." In particular, defendant alleged in the motion papers: (1) Bristoll failed to interview potential key defense witnesses regarding Sergeant Wolfley's alleged propensity for violence against Blacks; (2) Bristoll failed to object to the nonrandom jury selection method; (3) Bristoll solicited defendant as a client without disclosing that he had never tried a capital case; (4) Bristoll never asked defendant about the facts of the case; instead, Bristoll presented defendant with a "written story," told him "this is a story I can defend," and instructed him to "weave the truth into it"; (5) Bristoll di
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