Laquincy Nicely was convicted of burglary, cruelty to children, and robbery. He appeals the denial of his motion for new trial. He contends that the trial court violated his right to counsel by denying his pretrial request to discharge his court-appointed lawyer and substitute another in his place. He charges his court-appointed attorney with ineffectiveness in failing to call one of the subpoenaed defense witnesses to the stand. Finding no error in the trial court’s denial of Nicely’s motion for new trial on either ground, we affirm. The incidents giving rise to this case occurred on May 4, 2003. Nicely was arrested in short order, and attorney Todd Lord was appointed to represent him on May 27. Denied bond, Nicely remained in jail for over a year before the trial began on Monday, July 12, 2004. On the preceding Thursday, Nicely informed Lord that he no longer wanted his legal services. As a result, a hearing was held on Friday, July 9. When the court asked Nicely why he was dissatisfied with counsel’s services, he complained of counsel’s failure to have interviewed all defense witnesses. Nicely further stated that his family was in the process of retaining another lawyer to represent him, although they had not yet done so and he did not know when they would do so. Lord informed the court that he had talked to all of the defense witnesses, except for one who had failed to return his numerous telephone messages, and that he was prepared for trial. The court ruled that the trial would be held on Monday as scheduled, and that Nicely could either be represented by Lord, secure the services of another attorney by Monday, or represent himself.
At trial, Nicely was represented by Lord. The state’s evidence showed that Nicely was part of a group of 18 and 19 year olds who lived in the same community with 13-year-old Everett Parker. On the day in question, Nicely and his group of friends were hanging out in the neighborhood when Parker attempted to join them. The older boys, however, made Parker leave. According to Parker, Nicely broke into his house later that day, physically assaulted him, and took a radio. Four of Nicely’s friends appeared as defense witnesses and gave testimony contradicting Parker’s version of the events. They also testified that Nicely had been with them at the time Parker claimed Nicely was at his house.
