Defendant appellant Clayton was charged with assault with a deadly weapon with intent to commit murder. Since Clayton was indigent, counsel was appointed by a magistrate at the time of the initial arraignment. That counsel continued to represent defendant through the preliminary hearing and other district court appearances. Prior to trial, defendant moved for a substitution of counsel. A hearing was held during which the defendant expressed dissatisfaction with his appointed attorney. Further argument on this matter took place on the day of trial. The trial court found that good cause did not exist for substitution of counsel. The defendant was then given the choice of continuing with the same counsel or proceeding pro se. He chose to represent himself. The district court did, however, require counsel to be present in the courtroom during the course of the proceedings. After a trial, the jury found defendant guilty of the lesser included offense of assault with a deadly weapon, and defendant was given a five year sentence to run concurrently with a sentence previously imposed for other convictions.
