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STATE OF MICHIGAN 

COURT OF APPEALS 

PEOPLE OF THE STATE OF MICHIGAN, 

 Plaintiff-Appellee, 

UNPUBLISHED 

September 15, 2016 

v No. 326932 

Wayne Circuit Court 

SHERRON DESHAWN DAVIS, LC No. 15-000361-FC 

 Defendant-Appellant. 

Before: GADOLA, P.J., and WILDER and METER, JJ. 

PER CURIAM. 

 Defendant was convicted after a jury trial of armed robbery, MCL 750.529, conspiracy to 

commit armed robbery, MCL 750.157a; MCL 750.529, assault with intent to do great bodily 

harm less than murder, MCL 750.84, conspiracy to commit assault with intent to do great bodily 

harm less than murder, MCL 750.157a; MCL 750.84, and possession of a firearm during the 

commission of a felony (felony-firearm), MCL 750.227b. The trial court sentenced defendant to 

concurrent terms of 20 to 40 years’ imprisonment for the armed robbery and conspiracy to 

commit armed robbery convictions, 5 to 10 years’ imprisonment for the assault with intent to do 

great bodily harm less than murder and conspiracy to commit assault with intent to do great 

bodily harm less than murder convictions, and a consecutive sentence of two years’ 

imprisonment for the felony-firearm conviction. Defendant appeals as of right, and we affirm. 

 Defendant’s convictions arise from the assault and armed robbery of Dwain Hayes on 

October 8, 2014, near the intersection of State Fair Avenue and Strasburg Street in the city of 

Detroit. On that evening, Hayes was visiting the home of his uncle on Strasburg Street. 

Defendant was present at the home, as was Glen Thomas. Hayes, defendant, and Thomas are all 

related through the marriage of other relatives. Hayes testified that he had known defendant and 

Thomas since the two were little children, being about twenty years. Hayes testified that about 

two months earlier, he had told defendant and Thomas that he had started a job in which he was 

bringing home a thousand dollars a week; Hayes had encouraged defendant and Thomas to apply 

for work at the same place because the employer was hiring. 

 As Hayes was preparing to leave his uncle’s home on the evening of October 8, 2014, 

defendant and Thomas asked Hayes if he would give them a ride in his car to a destination a few 

blocks away. Hayes agreed. Defendant sat in the front passenger seat of Hayes’ car, while 

Thomas sat in the back seat of the car behind Hayes. Hayes testified at trial that shortly after 
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defendant and Thomas got into the car, he noticed that Thomas was putting on gloves. A few 

moments later, Hayes heard a gunshot from the back seat and realized that he had been shot in 

the back of his head. After hearing the gunshot, Hayes heard Thomas tell defendant to check 

Hayes’ pockets. Defendant immediately grabbed Hayes and began patting the right side of 

Hayes’ pants’ pockets. Hayes testified that defendant then said “It’s stuck. I can’t get it. It’s 

stuck. It’s stuck.” 

 The car, still being driven by Hayes, crashed into a fence and came to rest against a fire 

hydrant. Jovan Houston, a nearby pedestrian, testified that he and his girlfriend were on 

Strasburg Street that evening and saw Hayes’ car crash. Houston testified that after the car came 

to a stop, he saw two African American males dressed in dark clothing emerge from the car, one 

from the front passenger seat and one from the back seat on the driver’s side. The two males ran 

in different directions, then one returned briefly and appeared to look for something before 

running away again. The driver’s door was open and Houston saw Hayes lying on the ground 

near the car in a puddle of blood. Houston and his girlfriend called the police and attempted to 

assist Hayes. Hayes, who was conscious, mentioned a name that sounded like “Ron” and told 

Houston “them was my dogs. They was trying to rob me.” 

 Angela Thomas, the aunt of defendant and Glen Thomas, testified that she lived in the 

neighborhood where the crimes occurred and that defendant was living in her home at that time. 

She heard the sirens near her home that evening and, shortly thereafter, defendant and Glen 

Thomas arrived at her house. According to Angela Thomas, defendant arrived wearing black 

pants and shirt but changed his clothes at her house and asked for clothing for Glen Thomas. 

She testified that defendant was not acting in his typical manner and left the house quickly after 

changing clothing. According to Angela Thomas, during a phone call sometime after the 

shooting, defendant admitted to her that Glen Thomas had shot Hayes. 

 Defendant was arrested on December 12, 2014, and arraigned on the charges on January 

21, 2015. Defendant attended a pretrial conference before the trial court on February 23, 20151

. 

Defendant’s attorney was not present and defendant was represented for purposes of that hearing 

by the attorney representing Glen Thomas. In response to the trial court setting the trial date for 

one week in the future, defendant and the trial court had the following exchange, in relevant part: 

DEFENDANT DAVIS: See, about the trial date, I don’t have my discovery 

package, no transcript, nothing. I don’t remember my lawyer. I only met with 

my lawyer two times. So we have not been able to come up with no defense or 

none of that. 

THE COURT Well, I will have Mr. Slameka come here. If you don’t 

have any objection, I’ll tell him to get over to see his client. 

 

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 Defendant also attended a very brief pretrial conference earlier on January 28, 2015, but only 

docketing issues were discussed and defendant did not address the trial court. 
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DEFENDANT DAVIS: This is my second day I seen him. I have been on 

all . . . 

THE COURT: All right. I’m going to direct that he see the defendant, to 

see Mr. Davis today. 

 Another pretrial conference was held two days later on February 25, 2015, at which time 

defendant rejected a plea agreement and chose to proceed to trial. One week later, the parties 

proceeded to trial on the charges against defendant. Before the jury voir dire began, the court 

and defense counsel discussed whether the defense would be calling Glen Thomas as a witness. 

It was determined that Glen Thomas’ attorney had advised him not to testify. Defendant, 

defense counsel, and the trial court then had the following exchange: 

THE COURT: All right. Mr. Davis, you had your hand up, sir. What 

would you like to say? 

DEFENDANT DAVIS: Me and my lawyer, we ain’t getting along. He -- 

ain’t no communication. He just came back there and told me he ain’t fixing to 

fight for me. 

MR. SLAMEKA: His lawyer didn’t say that. His lawyer went back there and 

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DEFENDANT DAVIS My lawyer told me he’s not fixing to fight for me. I 

asked him to come out here and tell you that he was going to step off my case. He 

told me something like he wants to step on my face. The last week Friday he told 

me he ain’t my Momma and all this crazy stuff. 

MR. SLAMEKA: I went back there and explained to Mr. Davis that Mr. 

Thomas is not going to testify. 

DEFENDANT DAVIS: That is not – man, say what you said. 

MR. SLAMEKA: Is there any chance that I can complete myself? 

DEFENDANT DAVIS: Yes, you just – 

THE COURT: Go ahead, Mr. Slameka. 

MR. SLAMEKA: Thank you, Judge. I said Mr. Thomas is not going to 

testify. In my humble opinion based upon the facts of this case and the thorough 

investigation I’ve done speaking with Ms. Towns [the prosecutor] at least a dozen 

times, I suggested to him that the offer, which is way below the guidelines ought 

to be suggested. 

DEFENDANT DAVIS: He only came to see me one time. 
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THE COURT: Mr. Davis, I want to hear from Mr. Slameka. Then I’ll hear 

from you, sir. I’m going to hear from one person at a time. Mr. Slameka, do you 

want to finish your thought please? 

MR. SLAMEKA: Thank you, sir. And I suggested to him that he ought to 

consider the 10 years. He told me no, get off my case because I ain’t doing 

nothing for him. I’ve been to the jail twice. I provided him with a transcript, 

which is the complete testimony of the only res gestae witness. I’ve see[n] him 

six different times in various bullpens because we Pretrialed this case I don’t 

know how many times. 

DEFENDANT DAVIS: No, you didn’t. 

MR. SLAMEKA: This is what I continuously get. He’s totally disruptive. He 

doesn’t listen to me. He doesn’t care about anything whatsoever. I’m ready to try 

this case, Judge, because it’s a very simple case as you know. You just heard a 

plea from the other gentleman [Glen Thomas] as to what transpired. My client is 

aware of that. I discussed this matter with my client. At first he denied ever 

being involved. Then he gave me a different version of what’s going on. I 

understand it, and I think after 46 years I’m capable of representing him. If he 

doesn’t want me, that’s his business. Thank you, Judge. 

THE COURT: All right. Mr. Davis what do you want to say? 

DEFENDANT DAVIS: We only talked about what happened one time. I 

never gave this man no two different stories about nothing. Then it’s never no 

communication. Every time we talk, he got an attitude, and he just told me he not 

fixing to fight for me. Talking about he ain’t my Momma, [h]e wish he could step 

on my face, something crazy what he just came back there and said. 

MR. SLAMEKA: There were four people in that bullpen. If you want to 

bring any of them out as to whether I said that, I would stand on the record. 

Secondly, I never said I wouldn’t fight for him. He said you’re not fighting for 

me. Thank you, Judge. 

DEFENDANT DAVIS: When I said that, you said no, no, I’m not. I’m not 

fighting for you. 

MR. SLAMEKA: Thank you, Judge. 

THE COURT: Well, this is the afternoon of trial. This matter is going to 

go forward. We’re going to get the jury. We’re going to bring them in. We’re 

going to move forward. The offer that had been made by Ms. Towns is one that 

was placed on the record. It’s my understanding Mr. Davis is not interested in the 

offer and wants to go to trial. That certainly is his right. And if he’s choosing to 

go forward, that’s the case, and we will in fact go forward. 

DEFENDANT DAVIS: I don’t want to go forward with Mr. Slameka. 
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THE COURT: I understand that. I heard that, and I understood what you 

said. But this is 10 minutes to two the afternoon of the first day of trial, and you 

say you want a new lawyer. It’s too late in the day, and Mr. Slameka is prepared 

to represent you, and we can go forward. 

DEFENDANT DAVIS: I tried to tell the bailiff to like somehow can I talk to 

you and let you know about this matter. 

THE COURT: What matter are you talking about? I mean – 

DEFENDANT DAVIS: I’m talking about – 

THE COURT: It’s clear to me that you say you don’t want Mr. Slameka to 

represent you today. I understand that. I heard that. But we’re going forward 

with the trial today. All of the witnesses have been notified. The jurors have 

been notified. Today is the time to go forward. There could have been an earlier 

time to bring that to my attention. It hasn’t happened. We’re going forward. It’s 

a delay tactic. I’m not going to have that. 

 The trial court then proceeded with the voir dire of the jury with defense counsel 

representing defendant. The trial began the following day, resumed the following Monday, and 

concluded with the jury convicting defendant. On appeal, defendant argues that the trial court 

abused its discretion by denying his request for substitution of counsel. We disagree. 

 This Court reviews a trial court’s decision regarding a defendant’s request for substitution 

of appointed counsel for an abuse of discretion. People v Traylor, 245 Mich App 460, 462; 628 

NW2d 120 (2001). A trial court’s decision is considered an abuse of discretion if it falls outside 

the range of principled outcomes. People v Babcock, 469 Mich 247, 269; 666 NW2d 231 

(2003). 

 The federal and state constitutions grant the right to counsel in all criminal prosecutions. 

US Const, Am VI; Const 1963, art 1, § 20; People v Marsack, 231 Mich App 364, 372; 586 

NW2d 234 (1998). But while an indigent defendant is guaranteed the right to counsel, a 

defendant is not necessarily guaranteed the attorney of his or her choice, Traylor, 245 Mich App 

at 462, and is not entitled to substitution of appointed counsel merely because the defendant is 

dissatisfied with appointed counsel. People v Bradley, 54 Mich App 89, 95; 220 NW2d 305 

(1974). A defendant is entitled to substitution of defense counsel, however, if discharge of the 

first attorney is for (1) good cause and (2) does not unreasonably disrupt the judicial process. 

People v Buie (On Remand), 298 Mich App 50, 67; 825 NW2d 361 (2012). 

 Good cause is not established if a defendant merely lacks confidence in counsel or is 

generally unhappy with counsel. People v McFall, 309 Mich App 377, 383; 873 NW2d 112 

(2015); People v Strickland, 293 Mich App 393, 398; 810 NW2d 660 (2011). Rather, good 

cause may exist when (1) the defendant and appointed counsel develop a legitimate difference of 

opinion regarding a fundamental trial tactic, (2) there has been a breakdown in communication 

and in the attorney-client relationship, or when (3) defense counsel has shown a lack of diligence 

or interest. McFall, 309 Mich App at 383. A difference of opinion is considered legitimate 

when the difference is based on a disagreement as to a fundamental trial tactic, but not when the 
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difference of opinion is only about trial strategy or professional judgement. Strickland, 293 

Mich App at 398. For example, this Court has held that a defense attorney’s decision to call a 

witness is considered a matter of trial strategy. People v Russell, 297 Mich App 707, 716; 825 

NW2d 623 (2012). 

 In this case, defendant contends that there had been a breakdown in the attorney-client 

relationship sufficient to establish good cause. On the first day of trial prior to beginning the jury 

voir dire, defendant and defense counsel had a strenuous disagreement in the courtroom. The 

argument was triggered when defense counsel determined that Glen Thomas would not be 

testifying upon the advice of his counsel. Upon hearing the news, defendant accused counsel of 

“not fixing to fight” for him, and asked the trial court to appoint substitute counsel. Because the 

decision to call a witness is a matter of trial strategy and not a fundamental trial tactic, that 

allegation by itself is not adequate to establish good cause for the substitution of counsel. Here, 

however, the disagreement appears to have been deeper and more fundamental than simply a 

dispute over whether to call a witness. 

 The record from the first day of trial reflects that defendant and defense counsel had a 

very acrimonious relationship. Defendant and defense counsel interrupted each other, spoke 

over each other, and accused each other of not listening. Defense counsel stated during the 

hearing that “[t]his is what I continuously get. He’s totally disruptive. He doesn’t listen to me. 

He doesn’t care about anything whatsoever.” Defendant reported to the trial court that when he 

had asked defense counsel to “step off his case” defense counsel told defendant that he wanted to 

“step on his face.” Also, defense counsel did not present his client’s request for new counsel to 

the trial court; defendant’s request was presented to the trial court only because defendant 

shouted over his own attorney. 

 A review of the record also indicates that defense counsel apparently became angry 

because defendant declined the offered plea bargain. Defense counsel stated before the trial 

court: “In my humble opinion based upon the facts of this case and the thorough investigation 

I’ve done speaking with Ms. Towns [the prosecutor] at least a dozen times, I suggested to him 

that the offer, which is way below the guidelines ought to be suggested” and “I suggested to him 

that he ought to consider the 10 years. He told me no, get off my case because I ain’t doing 

nothing for him.” More troubling is that defense counsel told the trial court “I’m ready to try this 

case, Judge, because it’s a very simple case as you know. You just heard a plea from the other 

gentleman [codefendant Glen Thomas] as to what transpired. My client is aware of that. I 

discussed this matter with my client. At first he denied ever being involved. Then he gave me a 

different version of what’s going on.” Defense counsel thereby appears to have revealed to the 

trial court a privileged communication from his client stating that defendant had told conflicting 

stories and implying that defendant perhaps had conceded involvement in the crimes. 

 When a defendant asserts that assigned counsel should be replaced, the trial court is 

obligated to inquire into whether the allegations are true. People v Bass, 88 Mich App 793, 802; 

279 NW2d 551 (1972). The trial court is required to hear the allegation and, if necessary, take 

testimony and state its findings and conclusion. People v Ginther, 390 Mich 436, 442; 212 

NW2d 922 (1973). Here, the trial court did not determine whether defendant’s allegation of a 

breakdown in the attorney-client relationship was true and instead considered only whether 

substitution of counsel would delay the judicial process. Defense counsel’s behavior during the 
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exchange before the trial court, however, strongly indicated a breakdown in the attorney-client 

relationship, and thus the trial court should have inquired further regarding the validity of 

defendant’s allegation. 

 But even when good cause is demonstrated, substitution of counsel is only warranted 

where it will not unreasonably disrupt the judicial process. Where the jury, witnesses, 

prosecutor, and defense counsel were ready to proceed, this Court has held that a defendant’s 

request on the first day of trial for substitution of counsel would have unreasonably delayed the 

judicial process. See Strickland, 293 Mich App at 399. In this case, defendant requested 

substitution of counsel on the first day of trial shortly before the voir dire of the jury. The trial 

court noted that substituting counsel at that time would disrupt the judicial process. No doubt 

this is accurate, given that the trial court, the attorneys, and the prospective jurors were ready to 

proceed. But it is difficult to envision a scenario in which substitution of counsel does not delay 

judicial proceedings, at least somewhat. 

 Here, the trial court chastised defendant for failing to request substitution of counsel 

earlier and concluded that defendant was intentionally seeking to delay the proceedings. A 

review of the record does not support this assessment. Defendant was arrested on December 12, 

2014 and was arraigned on January 21, 2015. At the pretrial conference held February 23, 2015, 

defendant learned that his trial was going to be set for just one week in the future. Defendant’s 

attorney was not present. Defendant expressed his concern to the trial court that he had not yet 

received any written material from his attorney nor met with his attorney for any meaningful 

discussion about the upcoming trial. The trial court assured defendant that defense counsel 

would be directed to meet with defendant. One week later, on the date scheduled for trial to 

begin, defendant requested substitution of counsel. 

 There is no indication that defendant delayed in this request. Rather, defendant appears 

to have made his request at the first opportunity he had to address the trial court after having had 

an opportunity to meet with his defense counsel to discuss trial strategy after rejecting the plea 

offer. In fact, the time between defendant’s arraignment on the charges and the first day of trial 

was approximately six weeks. Approximately one week before the start of trial, defendant 

informed the trial court that he had not yet received any materials from defense counsel and had 

not yet had an opportunity for a meaningful discussion with defense counsel regarding his 

defense. One week later, after meeting with defense counsel, defendant requested substitution of 

counsel. 

 Further, there is no indication on the record that there previously had been any delay in 

the judicial process by defendant. See e.g., People v Williams, 386 Mich 565, 577; 194 NW2d 

337 (1972). In this case, where defendant made the request for substitution of counsel at his 

earliest opportunity after meeting with defense counsel, had caused no previous delays, and 

where the entire legal process from arraignment to trial had taken place in six weeks, we 

question whether any delay caused by appointing substitute counsel under these circumstances 

could be characterized as an undue delay of the judicial process. 

 Nonetheless, even though defendant’s allegation of a breakdown in the relationship 

warranted further inquiry, and even though defendant’s request may not have unreasonably 

delayed the judicial process under the circumstances, we hold that the trial court did not abuse its 
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discretion in declining to appoint substitute counsel for defendant. After the trial court denied 

defendant’s request for substitution of counsel, defense counsel proceeded to adequately 

represent defendant at trial. The record indicates that defense counsel was familiar with the facts 

of the case, diligently examined witnesses, made relevant objections, and acted diligently 

throughout to protect defendant’s rights. There is no indication that defendant was not afforded 

effective assistance of counsel at trial2. 

 As discussed above, a complete breakdown of the attorney-client relationship may justify 

appointing new counsel. Buie, 298 Mich App at 67. But a trial court’s failure to explore a

defendant’s claim that his assigned counsel should be replaced does not necessarily require that a 

subsequent conviction be set aside. Ginther, 390 Mich at 442. When, as here, defense counsel 

thereafter performs adequately to protect defendant’s interests at trial, the defendant has not been 

prejudiced by the trial court’s denial of the request for substitution of counsel and the conviction 

will not be set aside. See Buie, 298 Mich App at 67. Accordingly, the trial court did not abuse 

its discretion when it denied defendant’s request for substitution of counsel. 

 Affirmed. 

/s/ Michael F. Gadola 

/s/ Kurtis T. Wilder 

/s/ Patrick M. Meter 

 

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 We note that the jury found defendant not guilty of assault with intent to commit murder, MCL 

750.83, and not guilty of conspiracy to commit assault with intent to murder, MCL 750.157a, 

MCL 750.83, in accordance with defense counsel’s closing argument, lending credence to the 

notion that defense counsel was not ineffective.