Full opinion text
Opinion MOSK, J. This is an automatic appeal from a judgment of death (Pen. Code, § 1239, subd. (b)) imposed under the 1978 death penalty law (id., § 190.1 et seq.). In an information filed on January 2, 1981, defendant was charged with the murder of Donald Hyden, David Murillo, Robert Wirostek, Darin Lee Kendrick, Sean King, “John Doe,” Marcus Grabs, Thomas Lundgren, Charles Miranda, James Macabe, Ronald Gatlin, Harry Todd Turner, Steven Wood, and Steven Wells. (Pen. Code, § 187.) He was also charged with robbing all of the above-named persons with the exception of Wirostek, King, and “John Doe” (id., § 211); with sodomizing Grabs (id., § 286, subds. (b)(1), (c)); and with committing mayhem on Lundgren (id., § 203). The information contained numerous allegations. For example, as to each murder count a multiple-murder special circumstance was alleged {id., § 190.2, subd. (a)(3)); as to each, with the exception of the counts involving Wirostek, King, and “John Doe,” a felony-murder-robbery special circumstance was also alleged (id., § 190.2, subd. (a)(17)(i)); and as to the count involving Grabs a felony-murder-sodomy special circumstance was alleged (id., § 190.2, subd. (a)(17)(iv)). Defendant pleaded not guilty and denied the allegations. Subsequently, the counts charging the murder of Wirostek and “John Doe” were dismissed pursuant to Penal Code section 995. On October 19, 1981, trial by jury commenced. Defendant was acquitted of murdering King and Lundgren, of sodomizing Grabs, and of committing mayhem on Lundgren, but was otherwise found guilty as charged. With the exception of the felony-murder-sodomy special-circumstance allegation, all the special circumstance allegations were found true. Defendant received the penalty of death for each of the 10 murder convictions. As we shall explain, we conclude that except as to the “multiple” multiple-murder special-circumstance findings, the judgment must be affirmed in its entirety. I. The Facts As a result of his activities in Southern California in the years 1979 and 1980, defendant—who was then in his early 30’s—was dubbed the “Freeway Killer” and his murders the “freeway killings.” After he was tried in this Los Angeles County proceeding, he was tried in Orange County action No. C-47500. There he was convicted of the first degree murder and robbery of Dennis Frank Fox, Glenn Barker, Russell Rugh, and Lawrence Sharp; as to each murder count a multiple-murder special-circumstance allegation was found true; and for each murder he received the penalty of death. The evidence introduced at the guilt phase of this action—insofar as it concerns the crimes of which defendant was convicted—tells the following story. On August 6, 1979, the nude body of 17-year-old Marcus Grabs was found in Malibu Canyon near Las Vírgenes Canyon Road; except for the victim’s backpack, no clothing or other identifying evidence was discovered at the scene. Grabs had been killed by multiple stab wounds on August 5. The body showed signs of beating about the face and elsewhere and exhibited ligature marks on one ankle as well as on the neck. On August 27, 1979, the nude body of 15-year-old Donald Hyden was found in the area of Liberty Canyon near the Ventura Freeway; no clothing or other identifying evidence was discovered at the scene. Hyden had been killed by ligature strangulation about August 25 or 26. The body showed signs of beating about the face and elsewhere, exhibited ligature marks on at least one ankle and wrist as well as on the neck, and revealed indications of sexual activity before death. On September 12, 1979, the nude body of David Murillo was found alongside the Ventura Freeway near the Lemon Grove overpass; no clothing or other identifying evidence was discovered at the scene. Murillo had been killed by ligature strangulation about September 9 or 10. The éody showed signs of beating about the face and elsewhere, exhibited ligature marks on the wrists as well as on the neck, and revealed indications of sexual activity before death. On February 3, 1980, the nude body of 15-year-old Charles Miranda was found in an alley in downtown Los Angeles; no clothing or other identifying evidence was discovered at the scene. Miranda had been killed by ligature strangulation the same day. The body showed signs of beating about the face and elsewhere, exhibited ligature marks on at least one ankle and wrist as well as on the neck, and revealed indications of sexual activity before death. On February 6, 1980, the fully clothed body of 12-year-old James Macabe was found near Walnut Drive in Walnut in front of the Pomona Freeway; no identifying evidence other than the clothing was discovered at the scene. Macabe had been killed by ligature strangulation on February 3. The body showed signs of beating about the face and elsewhere, exhibited ligature marks on at least one ankle and wrist as well as on the neck, and revealed indications of sexual activity before death. On March 15, 1980, the nude body of 19-year-old Ronald Gatlin was found near Central Avenue in Duarte; no clothing or other identifying evidence was discovered at the scene. Gatlin had been killed by ligature strangulation on March 14 or 15. The body showed signs of beating about the face and elsewhere, exhibited ligature marks on at least one ankle and wrist as well as on the neck, and revealed indications of sexual activity before death. On March 25, 1980, the nude body of 14-year-old Harry Todd Turner was found in an alley in Los Angeles; no clothing or other identifying evidence was discovered at the scene. Turner had been killed by ligature strangulation sometime on or after March 20. The body showed signs of beating about the face and elsewhere, exhibited ligature marks on the neck, and revealed indications of sexual activity before death. On April 11, 1980, the nude body of 16-year-old Steven Wood was found in an alley in Long Beach near the Pacific Coast Highway; no clothing or other identifying evidence was discovered at the scene. Wood had been killed by ligature strangulation on April 10 or 11. The body showed signs of beating about the face and elsewhere and exhibited ligature marks on at least one ankle and wrist as well as on the neck. On April 30, 1980, the nude body of 19-year-old Darin Lee Kendrick was found on Avalon Street in Carson near the Artesia Freeway; no clothing or other identifying evidence was discovered at the scene. Kendrick had been killed by ligature strangulation and a stab wound to the upper cervical spinal cord on April 29 or 30. The body showed signs of beating about the face and elsewhere and exhibited ligature marks on at least one ankle and wrist as well as on the neck. On June 3, 1980, the nude body of 18-year-old Steven Wells was found behind a gasoline station in Huntington Beach; no clothing or other identifying evidence was discovered at the scene. Wells had been killed by ligature strangulation on June 2. The body showed signs of beating about the face and elsewhere, exhibited ligature marks on at least one ankle and wrist as well as on the neck, and revealed indications of sexual activity before death. In order to establish that it was defendant who had perpetrated the killings, the prosecution called to the stand Gregory Miley and James Munro. Miley, a sexual partner of defendant and about 19 years old at the time relevant here, testified that it was defendant who was responsible for the death of Miranda and Macabe. Specifically, he said that he was with defendant as defendant was driving a van he owned on the night of February 2, 1980; defendant picked up Miranda in Hollywood in the early morning hours of February 3, and consensually sodomized him in the back of the van; defendant whispered to Miley, “The kid’s going to die,” and then started to tie up the youth; defendant asked, “What does your dad want for you? How much do you think we can get for ransom? Maybe a couple thousand?” and Miranda responded, “I don’t think that I can get that much”; defendant asked, “How much money do you have?” and Miranda replied, “About $6”; defendant told Miley to take the money, and he complied; Miley said, “Well, why don’t you let the kid go?,” and defendant answered, “No, man, he’ll know the van and he’ll know us”; with Miley’s help defendant proceeded to beat Miranda and to strangle him with a shirt and to crush his neck with a jack handle; defendant and Miley dumped Miranda’s nude body in an alley and disposed of his clothing in various locations. After doing the deed, Miley continued, defendant said, “Well, I’m horny again. I need another one,” Miley responded, “Oh, man, no way. I don’t want to do it no more. I just want to go home,” but defendant went ahead and eventually picked up Macabe in Huntington Beach in the early afternoon of the same day, February 3, 1980; not long afterwards, defendant and the boy engaged in consensual sexual activity in the van; the trio then drove on; again defendant and the boy engaged in consensual sexual activity; soon, however, defendant started to tie up Macabe; he asked, “What could you get for ransom?” and stated, “This is a kidnap”; the boy tried to fight back; with Miley’s help defendant proceeded to beat Macabe and to strangle him with a shirt and to crush his neck with a jack handle; defendant and Miley dumped Macabe’s fully clothed body onto the side of a road and took money from his wallet; defendant then threw the wallet out of the van’s window. Miley admitted that he had been arrested and charged with the first-degree murder of Miranda and Macabe. He also admitted that he had been allowed to enter a plea of guilty to those charges with concurrent sentences of imprisonment for 25 years to life on the condition that he would testify truthfully against defendant. Munro, who—like Miley—was a sexual partner of defendant and about 19 years old at the time relevant here, testified that it was defendant who was responsible for the death of Wells. Specifically, he said that he was with defendant as defendant was driving his van on June 2, 1980; defendant picked up Wells as he was hitchhiking and participated in mutual consensual oral copulation with him in the back of the van; the trio eventually arrived at defendant’s home in Downey; there, defendant and Wells continued their sexual activity, and Munro joined in; soon defendant persuaded Wells to allow himself to be tied up; defendant took from Wells’s wallet $10, which was all the money it contained, and also various items of identification; with Munro’s help he then beat Wells and strangled him with a T-shirt, disposed of his clothing and other property, and eventually dumped his body behind a gasoline station; defendant told Munro that he was the “Freeway Killer,” that Miley was one of his partners in crime, and that he had committed about 14 murders in the course of his activities. Munro admitted that he had been arrested and charged with the first degree murder of Wells. He also admitted that he had been allowed to enter a plea of guilty to second degree murder with a sentence of 15 years to life imprisonment on the condition that he would testify truthfully against defendant. The prosecution also introduced evidence of extrajudicial admissions by defendant linking him to the crimes charged. Among other witnesses it called David Lopez, a reporter for Los Angeles television station KNXT. Lopez testified that defendant admitted that it was he who had killed the 10 young men and boys named above as well as others. Scott Fraser and Ray Pendleton, acquaintances of defendant, each stated that defendant said that while driving his van he picked up Grabs and in the course of a sexual encounter killed the youth. Jailhouse informers testified to various admissions on the part of defendant. Other witnesses gave testimony to the effect that defendant said he would not leave witnesses to his criminal activity alive. The prosecution presented expert testimony to the following effect: the bodies of Miranda, Wells, and Wood each bore a kind of triskelion-shaped fiber that was not common but was consistent with carpeting in defendant’s van; the bodies of Gatlin, Grabs, and Macabe each revealed the presence of foreign hair that matched defendant’s; the body of Gatlin bore a seminal fluid stain that could have been made by defendant; and the van and defendant’s home were stained in several places with human blood. The defense generally tried to show that the prosecution had not carried its burden of proof beyond a reasonable doubt. Particularly, it attempted to discredit the witnesses who testified against defendant. At the penalty phase the prosecution presented evidence in aggravation. Some of that evidence related to prior adjudicated felonies. Defendant committed sexual attacks in late 1968 and early 1969 against 12-year-old Lawrence B., 14-year-old William J., 17-year-old John T., and 18-year-old Jesus M. As a result of his activities, he was convicted of molesting and forcibly orally copulating Lawrence B., kidnapping and sodomizing William J., sodomizing John T., and forcibly orally copulating Jesus M., and was committed to Atascadero State Hospital as a mentally disordered sex offender amenable to treatment. In 1971 he was returned to court, declared unamenable to further treatment, and committed to prison. In 1974 he was released. In 1975 he committed a sexual attack on 14-year-old David M. Later that year he was convicted of forcibly orally copulating the boy and was sentenced to prison. In 1978 he was paroled. The prosecution also introduced evidence relating to the Orange County killings, attempting to prove that in late 1979 and early 1980 defendant killed, and committed other offenses against, Dennis Frank Fox, Glenn Barker, Russell Rugh, and Lawrence Sharp. In mitigation the defense presented evidence to the following effect. Defendant’s father caused the family serious problems as a result of drinking and gambling. At age 10 defendant was in trouble and was sent to a detention home; while there he was sexually molested. At age 12 he stole a truck and was put into custody. Later, he joined the armed forces, served in Vietnam, and was decorated. A psychologist opined that defendant could function in the structured setting of a prison—and only in such a setting— and that there he could be productive. II. Guilt Issues Defendant raises a number of claims going to the question of guilt. None, as we shall explain, establishes reversible error. A. Conflict of Interest on the Part of Defense Counsel Defendant contends that in violation of the rule established by the United States Supreme Court in Wood v. Georgia (1981) 450 U.S. 261 [67 L.Ed.2d 220, 101 S.Ct. 1097], the trial court failed to inquire into the possibility of a conflict of interest burdening his counsel at trial or failed to adequately act in response to what its inquiry discovered. 1. The Facts On August 8, 1980, charges in what was to become this action were filed against defendant. On August 11, Earl L. Hanson was appointed to represent him as an indigent pursuant to Penal Code section 987. Trial was set for May 4, 1981. Over the prosecution’s objection, the court vacated the date and ordered a continuance, in part to allow defense counsel Hanson further time for preparation. Trial was rescheduled for August 3, 1981. Again over the prosecution’s objection, the court vacated the date and ordered a continuance, in part to allow Hanson further time for preparation. Trial was set for September 14, 1981. At a hearing held on September 3, 1981, defendant expressed his intention to move to substitute the law firm of Charvet & Stewart and its partners William T. Charvet and Tracy L. Stewart as retained counsel in the place of Hanson, and to request a continuance to allow new counsel time to prepare for trial. The prosecution, through Deputy District Attorney Sterling E. Norris, stated that it would oppose such a motion, claiming that substitution would delay the commencement of trial and thereby seriously prejudice the People’s case, and that certain previous dealings between Charvet & Stewart and key prosecution witness James Munro threatened to burden the firm with a conflict of interest if it undertook to represent defendant. Prior to this hearing, defendant had never indicated on the record any dissatisfaction with Hanson or any ability or desire to retain other counsel. On September 14, 1981, the date on which trial was scheduled to commence, defendant made a motion to substitute Charvet & Stewart in the place of Hanson. The prosecution opposed the request on the following grounds: “1) That said motion is not timely made, [fl] 2) That any such continuance would substantially prejudice the People’s case, [fl] 3) That there is a conflict of interest with Mr. Charvet in that he has talked to Mr. Munro and has attempted to represent him in the past. Mr. Munro will be one of the key witnesses presented by the prosecution, [fl] 4) That any retainer agreement by Mr. Charvet may involve book rights, creating an additional conflict.” As to the timeliness of the motion and defendant’s reasons for requesting substitution, the record of the hearing reveals the following. Hanson assured the court, “of my own opinion Mr. Bonin has never tried to be dilatory.” Charvet can be understood to have stated that defendant had begun substantive discussions with him concerning representation “about four or five months ago.” Hanson admitted he “was never the attorney of choice of Mr. Bonin.” The court then asked the following questions and defendant gave the following answers. “The Court: Mr. Bonin, you have had no difficulty with Mr. Hanson insofar as his representation of you is concerned, it’s just a matter of personal choice that you want Mr. Charvet as your attorney; is that correct? “The Defendant: I’m sorry, could you repeat that, Your Honor? “The Court: You just personally want Mr. Charvet as your attorney of record; is that right? “The Defendant: Yes, I feel like I have a much better rapport with Mr. Charvet than I do with any other attorney, at this point. “The Court: Insofar as your relationship with Mr. Hanson is concerned, that has been a good one during the time he has represented you; is that right? “The Defendant: It has but I don’t feel that it has been to the point where it should be. . . . “The Court: In what regard? “The Defendant: Well, there is certain things that we cannot—that I don’t feel I can discuss about the case. “The Court: With Mr. Hanson? “The Defendant: That’s correct. “The Court: Why? “The Defendant: Personal vibes. “The Court: Any other difficulty you have with Mr. Hanson other than these personal vibes? “The Defendant: No legal problems, no.” For his part, prosecutor Norris told the court that further delay—Char-vet said he would need “at least a 120 day continuance”—would result in the erosion of the testimony of his witnesses and thereby seriously prejudice the People’s case. Norris also asserted that defendant made the substitution motion for purpose of delay. Specifically, he stated that it was defendant’s intent—expressed, he said, in a surreptitiously recorded telephone conversation that was played for the court but not transcribed—that “if the Court does not grant the continuance for Mr. Charvet he is going to go pro. per. and get a six months continuance and then get another lawyer during that period of time.” Concerning Munro and the conflict of interest that would allegedly arise if Charvet & Stewart undertook to represent defendant, the record shows that many factual issues were hotly disputed. Charvet denied the existence of an attorney-client relationship or the communication of significant information. For example, he said: “But as far as conflict of interest, I have nothing that I can cross-examine Mr. Munro on, any facts contrary that is not in the public record, that he has ever given me as a private attorney.” Further, in a declaration submitted in support of the substitution motion, he stated: “[I]t is my belief that at no time was there an attorney-client relationship between Charvet & Stewart and Mr. Monroe [sz'c] as we were never retained by Mr. Monroe [szc], were never court appointed on his behalf, nor, employed in any way to represent Mr. Monroe [szc].” He also declared: “[I]t is my belief that at no time has there been a conflict of interest which would prevent the requested substitution.” In another declaration, Charvet’s partner Stewart stated: “I do not recall [Munro] making any admissions, nor imparting any confidential information to either of us.” Finally, at the September 3 hearing, Charvet asserted: “We did not discuss anything regarding the case.” By contrast, prosecutor Norris claimed that an attorney-client relationship did in fact exist between Charvet & Stewart and Munro and that significant information passed from Munro to the firm. Moreover, he offered to call, among others, Munro himself “[i]f there’s any question that [Charvet]’s talked in detail with Mr. Munro about the case . . . .” It was, however, plain that Munro had sought the assistance of Charvet and Stewart with a view to obtaining their professional services, and that he had spoken with them about the matter of representation and—at least to some extent—about the facts of the case. For example, in his declaration in support of the substitution motion, Charvet stated: “During one or two of our visits to other inmates/clients, our office conversed with Mr. Monroe [szc] for a short period regarding our possible substitution in as the attorneys.” In her declaration, Stewart stated: “[S]ometime in the latter part of 1980, our office was contacted by James Monroe [szc], requesting a meeting with William T. Charvet. Subsequently, William T. Charvet and I met with Monroe [s7c] at the Los Angeles County Jail. He expressed a desire to have us substitute in as his counsel. We discussed this with him . . . .” At the hearing Charvet impliedly admitted that he and Stewart discussed the facts of the case with Munro—“He stated . . . that he was innocent”—but claimed the discussion was minimal. Prosecutor Norris emphasized the practical danger posed by the issue of the possibility of a conflict of interest. At one point he stated: “This does now present another problem, a problem on appeal for the People if a conviction results in this case. [1f] I cannot believe that an appeal counsel would not immediately seize upon that in some fashion in that kind of conflict.” At another point he said: “What is the first thing appellate counsel is going to seize on in this case if [Charvet & Stewart] is allowed to substitute in as counsel? And that is the conflict of interest. . . . [fl] I think there is that possibility. That would be the first point seized on in any type of appeal.” Finally, as to the alleged literary-rights fee agreement between defendant and Charvet & Stewart and the conflict inherent in such an arrangement, the record contains the following colloquy. “The Court: [Mr. Charvet,] It’s suggested that you might address the subject of what your arrangements are with the defendant insofar as any book rights are concerned. “Mr. Charvet: I told Mr. Norris the first time I talked to him and I’ll tell him now again, that absolutely, he can research all he wants to, he has absolutely no right to go into my fee arrangement with this client or any client I have ever had, or anything else and that is—in fact, the case that he cited [People v. Corona (1978) 80 Cal.App.3d 684 [145 Cal.Rptr. 894]] is on appeal and that’s even a questionable case. “I’m not making a statement one way or the other, but I would feel very confident from the U.S. Supreme Court stating the following: That if a person’s only asset that he had in the whole world was a book right to get an attorney of his choice—let’s use this hypothesis—as long as the defendant himself did not benefit in any other way and saved the state and the county, and everyone else the money and he had the attorney of his choice then I think that they would even allow that, and I think that’s what’s going to end up with in the Corona case he’s talking about and I think that’s what’s going to come out of the appeal. “Other than that, is there anything else the Court— “The Court: Not at this point.” Prosecutor Norris attempted to raise the issue again. He stated: “I think the Court is at least entitled to ask defense counsel the very limited question, ‘Are those book rights a part of your retainer?’ And if the answer is in the affirmative then I think the Corona case is substantial authority, in conjunction with the other conflict of interest that we have with Mr. Char-vet representing Mr. Bonin, and I think Your Honor is entitled to ask that question and demand an answer from Mr. Charvet in regard to that.” The court, however, made no inquiry into the matter. Thereupon, the court denied the motion for substitution. Because of scheduling problems and in recognition of defendant’s expressed desire to seek review by petition for writ of mandate to the Court of Appeal, it continued commencement of trial to the following Monday, September 21, 1981. To support its ruling it gave the following reasons. “I’m satisfied based upon what I have heard that to walk into court on the day of trial after fourteen months of preparation and then ask this Court for a further continuance, ninety or 120 days or beyond that is an unreasonable disruption of the judicial process. “. . . I think not only does the defendant have a right to a speedy trial, the People have a right to a speedy trial, and by granting a further delay in this matter of any substantial nature is going to substantially hurt the People’s case, and I make that finding. “Secondly, Mr. Charvet, I’m deeply concerned with whatever contact you did have with the witness Munro who is going to be a witness in this case, and I think a conflict situation has, in fact, developed to the point that I don’t see how the People can fairly call that witness to the witness stand and anticipate your cross-examination of a witness that you have talked to in the vein of possibly representing him, and there is that conflict. “I want the record, also, if there’s a possible writ on this matter, to be also clear I am deeply concerned with the fact that I think that this is a ploy by this defendant based upon what I’ve heard at this hearing, to delay this matter going to trial and I’m satisfied that if a continuance was granted through further efforts by this defendant that further delays would be sought and that the ends of justice would further be thwarted by his effort of substituting an attorney or attempting to substitute an attorney fourteen months later on the date of trial.” After the court ruled on the matter of substitution, defendant made a motion to represent himself if Charvet & Stewart was not allowed to substitute into the case in the place of Hanson. The court asked, “Are you prepared to go to trial next Monday acting as your own lawyer?,” and defendant answered, “I don’t know. ... I’d want to look over [the case] again and be able to answer that next Monday.” Thereupon, the court stated as follows. “Well, we will withhold any ruling on your motion to act as your own attorney in this matter, [fl] Mr. Hanson will be your attorney of record, [fl] You confer with Mr. Charvet and Mr. Hanson and decide what appellate processes are going to be sought between now and next Monday. [í¡] But if you decide not to seek any appellate review of this Court’s ruling and that be your desire to act as your own attorney, we will take that up next Monday, but it will be with no further continuance if you want to come into this case and act as your own lawyer. We’re going to go to trial on the date set. And it will not be a grant of pro. per. status to you predicated or based upon any lengthy continuance for trial preparation.” On September 18, 1981—as we may judicially notice (Evid. Code, §§ 452, subd. (d), 459, subds. (a), (c))—Charvet & Stewart submitted to the Court of Appeal a petition for writ of mandate on defendant’s behalf seeking review of the court’s ruling. In the accompanying memorandum of points and authorities it was stated that “There is no conflict of interest” involving Munro and that “a full disclosure and waiver were obtained by counsel from Bonin.” In a form verification to the petition, defendant declared in relevant part: “I have read the foregoing Petition and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and, as to those matters, I believe it to be true.” On that same day, the Court of Appeal summarily denied the petition. On September 21, 1981, the date to which the commencement of trial had been continued, Charvet informed the court of the Court of Appeal’s decision and stated that he intended to seek a hearing on the matter in this court. Defendant told the court that it was still his desire to proceed pro se if Charvet & Stewart was not allowed to substitute into the case in the place of Hanson. In order to give Charvet an opportunity to file a petition for a hearing and to provide defendant with time to prepare to represent himself in the event substitution was not allowed, the court made the following order. “All right. Here’s what I’m going to do in this matter at this time: [1f] I’m going to order a continuance in this matter for approximately 30 days. [1J] Today is the 21st. I’m going to set the matter for Monday, the 19th of October, and on the 19th of October we’re going to start the trial in this matter. “We’re going to start the trial in one of three possible ways. “Mr. Charvet, if you desire to come into this matter and commence trial on the 19th of October, start jury selection, if that be Mr. Bonin’s request and you are prepared to proceed to trial at that date, you will become the attorney of record. We will start the trial. “If you indicate that you are not prepared to go to trial on that date and cannot be prepared to go to trial on that date, then we’re going to go into plan B. “Plan B is, Mr. Hanson, you will start the trial at that time in the event that Mr. Bonin wants you as the attorney of record. “If he does not want you as the attorney of record, we’re then going to plan C and we will go to trial on plan C, and that is, Mr. Bonin, you be prepared to act as your own lawyer. You will proceed to trial as your own attorney and, Mr. Hanson, you will be appointed as advisory counsel in the event that that does occur, and you will assist Mr. Bonin in taking this matter to trial on that date. “But whether we go plan A, plan B, plan C, be here on that date, the 19th, prepared to proceed to trial.” After the court made its order, Charvet sought a clarification as to the issue of conflict of interest. “Your Honor, I now have a problem with plan A. [H] There has been a ruling against me by Your Honor on three issues. Conflict of interest, delay tactics of the defendant. [1f] If, in fact, the conflict of interest is valid, if given the 30 days, let’s assume hypothetically I am prepared to go to trial on October 19th, I still have the issue of conflict of interest if the Supreme Court has not ruled one way or the other. I have a problem.” The court failed to address the conflict issue at all, stating only: “Of course, plan A, B and C will all be nullified in the event the Supreme Court decides to stop it. [fl] All right. So we don’t complicate this matter any further, . . . let’s end the hearing at this time. fl|] October 19th is the date now set for trial.” As it turned out, Charvet & Stewart did not make an application in this court for a hearing on the Court of Appeal’s denial of its petition for a writ of mandate. On October 19, 1981, the date to which the commencement of trial had been continued, the court ordered the substitution of Charvet & Stewart as counsel for defendant in the place of Hanson. The relevant colloquy is as follows. “The Court: All right. This case of People vs. William George Bonin, let’s have the record reflect the appearance of the defendant in court, at this time represented by his attorney Mr. Earl Hanson, Mr. Norris representing the interest of the People, [fl] This matter is here, now, for trial. ffl] However, there is pending at this time a motion for substitution of attorneys, [fíj Mr. Hanson, do you want to be heard on the matter? “Mr. Hanson: Yes, if the Court please, Your Honor, [fl] Mr. Bill Char-vet is present in court. At the request of Mr. Bonin, Mr. Charvet is here, [fl] It is Mr. Bonin’s request that Mr. Charvet represent Mr. Bonin in his upcoming trial, [fl] It is, of course, with my consent, Your Honor, and my best wishes. [^] I understand that Mr. Charvet agrees to accept the substitution and is prepared to commence the trial. “The Court: Mr. Charvet; do you want to be heard? “Mr. Charvet: Yes, Your Honor, that’s correct. “The Court: You are desirous at this time of becoming the attorney of record in this matter? “Mr. Charvet: That’s correct. “The Court: And that’s with the understanding that if I permit you to become the attorney of record in the matter we’ll start the jury selection today; is that correct? “Mr. Charvet: That’s affirmative. “The Court: And you are prepared to proceed? “Mr. Charvet: I am. “The Court: Are the People ready? “Mr. Norris: People are ready, Your Honor. “The Court: All right. [If] Mr. Bonin, is that what you want at this time? You want me to substitute Earl Hanson out as your attorney of record and Mr. Charvet to become your attorney of record for all purposes in this trial; is that correct? “The Defendant: Yes, it is. “The Court: All right. I’ll order thé substitution. Mr. Charvet, you are now the attorney of record for Mr. Bonin, [if] Mr. Hanson, you are excused from further services in this matter.” Called by the prosecution at trial, Munro testified that he and defendant killed Wells. In cross-examination that spanned several days, Charvet attempted to destroy Munro’s credibility, suggesting that Munro killed Wells without defendant’s help or support. He exposed myriad inconsistencies in Munro’s testimony at and before trial and in various statements he had made; compelled him to admit that he lied on numerous occasions; and forced him to concede that he testified against defendant solely to avoid the death penalty. In closing argument, Charvet exploited the record of the cross-examination to urge the jury to reject Munro’s testimony out of hand as unworthy of belief. 2. The Law Under both the Sixth Amendment to the United States Constitution as applied to the states through the due process clause of the Fourteenth Amendment (e.g., Powell v. Alabama (1932) 287 U.S. 45, 68-71 [77 L.Ed. 158, 170-172, 53 S.Ct. 55, 84 A.L.R. 527]; see, e.g., Holloway v. Arkansas (1978) 435 U.S. 475, 481-487 [55 L.Ed.2d 426, 432-436, 8 S.Ct. 1173]) and article I, section 15 of the California Constitution (e.g., People v. Ledesma (1987) 43 Cal.3d 171, 215 [233 Cal.Rptr. 404, 729 P.2d 839]; see, e.g., People v. Chacon (1968) 69 Cal.2d 765, 773-774 [73 Cal.Rptr. 10, 447 P.2d 106, 34 A.L.R.3d 454]), a defendant in a criminal case has a right to the assistance of counsel. The constitutional guaranty “entitles the defendant not to some bare assistance but rather to effective assistance.” (People v. Ledesma, supra, 43 Cal.3d at p. 215, italics in original [discussing both federal and state constitutional rights]; accord, Maxwell v. Superior Court (1982) 30 Cal.3d 606, 612 [180 Cal.Rptr. 177, 639 P.2d 248, 18 A.L.R.4th 333] [discussing state constitutional right]; see, e.g., Holloway v. Arkansas, supra, 435 U.S. at p. 481 [55 L.Ed.2d at pp. 432-433]; People v. Chacon, supra, 69 Cal.2d at pp. 773-774 [discussing both federal and state constitutional rights].) Included in the right to the effective assistance of counsel is “a correlative right to representation that is free from conflicts of interest.” (Wood v. Georgia, supra, 450 U.S. at p. 271 [67 L.Ed.2d at p. 230]; accord, Leversen v. Superior Court (1983) 34 Cal.3d 530, 536-537 [194 Cal.Rptr. 448, 668 P.2d 755] [discussing federal constitutional right]; People v. Chacon, supra, 69 Cal.2d at p. 774 [discussing both federal and state constitutional rights]; see Cuyler v. Sullivan (1980) 446 U.S. 335, 345-350 [64 L.Ed.2d 333, 344-348, 100 S.Ct. 1708]; Holloway v. Arkansas, supra, 435 U.S. at p. 481 [55 L.Ed.2d at pp. 432-433]; Glasser v. United States (1942) 315 U.S. 60, 70 [86 L.Ed. 680, 699, 62 S.Ct. 457].) The right to the assistance of counsel “was designed to assure fairness in the adversary criminal process. ... [In other words,] the purpose of providing assistance of counsel ‘is simply to ensure that criminal defendants receive a fair trial,’ [citation] .... [I]n evaluating Sixth Amendment claims, ‘the appropriate inquiry focuses on the adversarial process, not on the accused’s relationship with his lawyer as such.’ [Citation.] Thus, while the right to select and be represented by one’s preferred attorney is comprehended by the Sixth Amendment, the essential aim of the Amendment is to guarantee an effective advocate for each criminal defendant rather than to ensure that a defendant will inexorably be represented by the lawyer whom he prefers.” (Wheat v. United States (1988) 486 U.S. 153, [100 L.Ed.2d 140, 148, 108 S.Ct. 1692, 1696-1697].) Further, the constitutional guaranty protects the defendant who retains his own counsel to the same degree and in the same manner as it protects the defendant for whom counsel is appointed, and recognizes no distinction between the two. (Cuyler v. Sullivan, supra, 446 U.S. at pp. 344-345 [64 L.Ed.2d at p. 344].) Finally, this right is “fundamental” (Cuyler v. Sullivan, supra, 446 U.S. at p. 343 [64 L.Ed.2d at p. 343]) and “is among those ‘constitutional rights so basic to a fair trial that their infraction can never be treated as harmless error.’” (Holloway v. Arkansas, supra, 435 U.S. at p.489 [55 L.Ed.2d at p. 437], quoting Chapman v. California (1967) 386 U.S. 18, 23 [17 L.Ed.2d 705, 710, 87 S.Ct. 824, 24 A.L.R.3d 1065]; accord, Cuyler v. Sullivan, supra, at p. 349 [64 L.Ed.2d at p. 347]; Rose v. Clark (1986) 478 U.S. 570, 577-578 [92 L.Ed.2d 460, 470, 106 S.Ct. 3101].) Conflicts of interest broadly embrace all situations in which an attorney’s loyalty to, or efforts on behalf of, a client are threatened by his responsibilities to another client or a third person or by his own interests. (See generally ABA, Model Rules Prof. Conduct (1983) rule 1.7 and com. thereto [hereinafter ABA, Model Rules].) Conflicts spring into existence in various factual settings. For example, conflicts may arise in circumstances in which one attorney represents more than one defendant in the same proceeding. (See, e.g., Holloway v. Arkansas, supra, 435 U.S. at pp. 481-491 [55 L.Ed.2d at pp. 432-438]; People v. Mroczko (1983) 35 Cal.3d 86, 103-109 [197 Cal.Rptr. 52, 672 P.2d 835].) In such cases there is at least the possibility that “the interests of the defendants may diverge at some point so as to place the attorney under inconsistent duties” (Cuyler v. Sullivan, supra, 446 U.S. at p. 356, fn. 3 [64 L.Ed.2d at pp. 351-352] (cone. & dis. opn. of Marshall, J.)) and thereby undermine his loyalty to, or efforts on behalf of, one or all. Such a conflict, it is plain, can result in the infringement, or even the denial, of the defendant’s constitutional right to the effective assistance of counsel. Conflicts may also arise in situations in which an attorney represents a defendant in a criminal matter and currently has or formerly had an attorney-client relationship with a person who is a witness in that matter. (See, e.g., Leversen v. Superior Court, supra, 34 Cal.3d at pp. 536-540; United-States v. Armedo-Sarmiento (2d Cir. 1975) 524 F.2d 591, 592 (per curiam).) Such a conflict springs from the attorney’s duty to provide effective assistance to the defendant facing trial and his fiduciary obligations to the witness with whom he has or had a professional relationship. (Leversen v. Superior Court, supra, 34 Cal.3d at p. 538.) “An attorney is forbidden to use against a [present or] former client any confidential information ... acquired during that client relationship. [Citations.] Moreover, the attorney has a duty to withdraw, or apply to a court for permission to withdraw, from representation that violates those obligations. [Citation.] So important is that duty that it has been enforced against a defendant’s attorney at the instance of his former client (who was also a codefendant) even at the expense of depriving the defendant of his choice of counsel. [Citation.]” (Ibid.) In a word, a conflict based on the attorney’s obligations to a criminal defendant and to a present or former client, “as well as conflicts arising out of simultaneous representation of codefendants, may impair a defendant’s constitutional right to assistance of counsel.” (Ibid.) Conflicts may also arise in situations in which an attorney undertakes representation of a defendant in exchange for the literary rights to a portrayal or account based on information relating to the representation. (See, e.g., Maxwell v. Superior Court, supra, 30 Cal.3d at pp. 616-617; Ray v. Rose (6th Cir. 1976) 535 F.2d 966, 974; United States v. Hearst (N.D.Cal. 1978) 466 F.Supp. 1068, 1082-1083 [53 A.L.R.Fed. 110], affd. in part and vacated and remanded in part on other grounds (9th Cir. 1980) 638 F.2d 1190; People v. Corona, supra, 80 Cal.App.3d at p. 720; ABA, Model Rules, supra, rule 1.8(d) and com. thereto; ABA, Model Code Prof. Responsibility (1982) DR 5-104(B), EC 5-4; ABA, Standards for Criminal Justice, Stds. Relating to the Prosecution Function and the Defense Function (1971) The Defense Function, std. 3.4 and com. thereto [hereinafter ABA, Standards, The Defense Function].) As the American Bar Association has stated: “A grave conflict of interest can arise out of an arrangement between a lawyer and an accused to give to the lawyer the right to publish books, plays, articles, interviews or pictures, or related literary rights concerning the case. . . . [I]t may place the lawyer under temptation to conduct the defense with an eye on the literary aspects and its dramatic potential. If such an arrangement or contract is part of the fee, in lieu of the fee, or a condition of accepting the employment, it is especially reprehensible.” (ABA, Standards, The Defense Function, supra, com. to std. 3.4; see Maxwell v. Superior Court, supra, 30 Cal.3d at p. 616 [to similar effect].) In order to safeguard a criminal defendant’s constitutional right to the assistance of conflict-free counsel and thereby keep criminal proceedings untainted by conflicted representation, the United States Supreme Court has laid down certain essentially prophylactic rules in this area. When the trial court knows, or reasonably should know, of the possibility of a conflict of interest on the part of defense counsel, it is required to make inquiry into the matter. (Wood v. Georgia, supra, 450 U.S. at p. 272 [67 L.Ed.2d at p. 230]; see Holloway v. Arkansas, supra, 435 U.S. at p. 484 [55 L.Ed.2d at p. 434].) It is immaterial how the court learns, or is put on notice, of the possible conflict, or whether the issue is raised by the prosecution (see Wood v. Georgia, supra, at pp. 272-273 [67 L.Ed.2d at pp. 230-231]) or by the defense (see Holloway v. Arkansas, supra, at p.484 [55 L.Ed.2d at p. 434]). The trial court is obligated not merely to inquire but also to act in response to what its inquiry discovers. (See Holloway v. Arkansas, supra, 435 U.S. at p. 484 [55 L.Ed.2d at pp. 434-435].) In fulfilling its obligation, it may, of course, make arrangements for representation by conflict-free counsel. (Ibid.) Conversely, it may decline to take any action at all if it determines that the risk of a conflict is too remote. (Ibid.) In discharging its duty, it must act “ ‘. . . with a caution increasing in degree as the offenses dealt with increase in gravity.’ ” (Glasser v. United States, supra, 315 U.S. at p. 71 [86 L.Ed.2d at p. 699].) After the trial court has fulfilled its obligation to inquire into the possibility of a conflict of interest and to act in response to what its inquiry discovers, the defendant may choose the course he wishes to take. If the court has found that a conflict of interest is at least possible, the defendant may, of course, decline or discharge conflicted counsel. But he may also choose not to do so: “a defendant may waive his right to the assistance of an attorney unhindered by a conflict of interests.” (Holloway v. Arkansas, supra, 435 U.S. at p. 483, fn. 5 [55 L.Ed.2d at p. 433]; accord, Glasser v. United States, supra, 315 U.S. at p. 70 [86 L.Ed.2d at p. 700].) To be valid, however, “waivers of constitutional rights must, of course, be ‘knowing, intelligent acts done with sufficient awareness of the relevant circumstances and likely consequences[,]’ . . . [and] must be unambiguous and ‘without strings.’ ” (People v. Mroczko, supra, 35 Cal.3d at p. 110, quoting Brady v. United States (1970) 397 U.S. 742, 748 [25 L.Ed.2d 747, 756, 90 S.Ct. 1463], and United States v. Dolan (3d Cir. 1978) 570 F.2d 1177, 1181, fn. 7.) Before it accepts a waiver offered by a defendant, the trial court need not undertake any “particular form of inquiry . . ., but, at a minimum, . . . must assure itself that (1) the defendant has discussed the potential drawbacks of [potentially conflicted] representation with his attorney, or if he wishes, outside counsel, (2) that he has been made aware of the dangers and possible consequences of [such] representation in his case, (3) that he knows of his right to conflict-free representation, and (4) that he voluntarily wishes to waive that right.” (People v. Mroczko, supra, 35 Cal.3d at p. 110; see Glasser v. United States, supra, 315 U.S. at p. 71 [86 L.Ed.2d at pp. 699-700] [to similar effect].) When in violation of its duty the trial court fails to inquire into the possibility of a conflict of interest or fails to adequately act in response to what its inquiry discovers, it commits error under Wood v. Georgia, supra, 450 U.S. 261. (Id. at p.272 [67 L.Ed.2d at pp. 230-231].) To obtain reversal for Wood error, the defendant need not demonstrate specific, outcome-determinative prejudice. (See Brien v. United States (1st Cir. 1982) 695 F.2d 10, 14-15.) But he must show that an actual conflict of interest existed and that that conflict adversely affected counsel’s performanee. (See Wood v. Georgia, supra, 450 U.S. at pp. 272-274 [67 L.Ed.2d at pp. 230-232]; Brien v. United States, supra, at p. 15, fn. 10; cf. Strickland v. Washington (1984) 466 U.S. 668, 692 [80 L.Ed.2d 674, 696, 104 S.Ct. 2052] [holding that violation of a defendant’s right to conflict-free counsel requires reversal only if the defendant shows actual conflict and adverse effect].) 3. Discussion We turn now to the case at bar. We believe that the trial court did not fail to satisfy the requirements of Wood with regard to the alleged literary-rights fee agreement between defendant and Charvet & Stewart. The court cannot be deemed to have known, or to have had reason to know, of the possibility of a conflict in this regard. In our view, a court can be held to have knowledge or notice of the possibility of a conflict only when, as in Wood itself (450 U.S. at p. 266 [67 L.Ed.2d at p. 227]), it is provided with evidence of the existence of a conflict situation—a circumstance not present here. Otherwise, it would effectively be burdened with undertaking an inquiry in virtually all cases since it can almost always conclude that a conflict is “possible” as a matter of speculation. Such a burden, however, would be intolerable. We recognize that in this case it seems easy to conjecture the existence of a literary-rights fee agreement. Defendant was indigent at the time defense counsel Hanson was appointed and apparently remained so; the case had an extremely high profile; and when the court raised the issue of the existence of a literary-rights fee agreement, Charvet replied nonresponsively with an opinion that the United States Supreme Court would not declare such an arrangement unlawful per se. But although these matters might perhaps lay a basis for speculation, they simply do not amount to evidence sufficient to trigger the duty of inquiry. We believe, however, that the trial court did fail to discharge its duties under Wood with regard to the possibility of a conflict of interest burdening Charvet & Stewart arising from the firm’s former attorney-client relationship with Munro. We recognize that initially the court acted as it was required to: it inquired into the possibility of a conflict; it then determined in effect that an attorney-client relationship had existed between Charvet & Stewart and Munro and hence that the firm faced an at least potential conflict if it undertook to represent defendant; and it denied the substitution motion in part because of the threat of that conflict. But the court then proceeded to nullify the effect of its action when on the first day of trial it ordered the substitution of Charvet & Stewart in the place of Hanson without making any attempt at all to obtain from defendant a waiver of his constitutional right to the assistance of conflict-free counsel. The court’s conduct in this regard is inexplicable. Prosecutor Norris had twice emphasized the practical danger posed by the conflict issue, arguing presciently that “That would be the first point seized upon in any type of appeal.” For his part, Charvet had made it plain that the danger did indeed exist: “If, in fact, the conflict of interest is valid,... I still have the issue of conflict of interest if the Supreme Court has not ruled one way or the other. I have a problem.” He also had made it plain that the danger could readily be avoided by a waiver on the part of defendant: “Now Mr. Bonin has waived all semblance of any type of conflict of interest. [If] He’d be glad to do that now on the stand. He told me that. He told Mr. Hanson that. He’d be glad, at this point, to put him under oath, have him state it on the record, and that takes care of his problem as far as any type of reversal [on appeal] from Mr. Bonin’s standpoint, if there was, in fact.” Accordingly, we are compelled to conclude that in acting as it did the trial court failed to act properly under the Wood rule—and plainly failed to act with the caution required in a capital proceeding (see Glasser v. United States, supra, 315 U.S. at p. 71 [86 L.Ed.2d at p. 699]). Against our conclusion, the Attorney General makes several arguments. To begin with, he may be understood to argue that defendant made no objection to the possibility of conflicted representation at the trial level and accordingly may raise no complaint about the matter on appeal. Under the relevant precedents, however, a defendant who has not made an objection below is not prohibited from raising on review a claim of a Wood violation. Indeed, it appears that in Wood itself the defendants never objected at any stage of the proceedings. (See 450 U.S. at p. 282, fn. 8 [67 L.Ed.2d at pp. 236-237] (dis. opn. of White, J.).) Moreover, under the reasoning of the case law, a defendant who has failed to make an objection should not be barred from raising the claim. To our mind, so long as the trial court knew, or reasonably should have known, of the possibility of a conflict of interest, it is immaterial whether or not the defendant made any objection. Indeed, unless the court makes an inquiry and discovers an at least potential conflict, the defendant may have no substantial reason to object to the possibly conflicted representation. The Attorney General next argues that the prosecution must be deemed to have withdrawn its “conflict of interest” objection to the substitution of Charvet & Stewart in the place of Hanson. The record is otherwise, supporting at most an inference that the prosecution simply failed to press its objection. But in any event, whether or not the prosecution withdrew its objection is immaterial here: although on these facts the prosecution’s objection triggered the court’s duty to inquire into the possibility of a conflict, its withdrawal of an objection could not release the court from its obligation to complete the task imposed on it by law. The Attorney General then argues that the trial court did not in fact fail to discharge its duties. In support, he maintains the court was not required to do anything more than it did. In light of the discussion presented above, however, the point must be rejected. The Attorney General next argues that defendant must be deemed to have waived his constitutional right to the assistance of conflict-free counsel. To make his point he directs our attention to the following: defendant was present at the relevant hearings and heard the colloquy among the court and counsel about the dealings between Charvet & Stewart and Munro, including Charvet’s opinion that no attorney-client relationship had existed between his firm and Munro; defendant said that he wanted to be represented by Charvet & Stewart; Charvet made the representation, quoted above, that defendant was willing to waive his constitutional right to the assistance of conflict-free counsel; finally, the memorandum of points and authorities accompanying Charvet & Stewart’s petition for writ of mandate stated, “a full disclosure and waiver were obtained by counsel from Bonin,” and defendant executed a form verification of the petition. As a reviewing court, “We indulge every reasonable presumption against the waiver of unimpaired assistance of counsel.” (People v. Mroczko, supra, 35 Cal.3d at p. 110; accord, Glasser v. United States, supra, 315 U.S. at p. 70 [86 L.Ed.2d at p. 699].) In this case, we find nothing that rebuts any such presumption. First and foremost, defendant did not even purport to make a personal, on-the-record waiver of his constitutional right to the assistance of conflict-free counsel. This fact is established beyond dispute, and the Attorney General does and can make no claim to the contrary. We recognize that defendant was present at the hearings. But what he may reasonably be held to know about the issue of the conflict of interest is hard to determine. He heard prosecutor Norris argue that Charvet & Stewart had an attorney-client relationship with Munro and as a result would be burdened with a conflict if it undertook to represent him at trial, and he heard Charvet argue to the contrary; he saw the court determine that there would indeed be a conflict, and he saw the court subsequently ignore that determination. It is true that defendant stated that he wanted Charvet & Stewart to represent him at trial. His statement, however, is without significance here since it was not made in light of a constitutionally adequate, on-the-record advisement of the possible dangers and consequences of conflicted representation. It is also true that Charvet declared that defendant would personally waive his constitutional right to the assistance of conflict-free counsel on the record. But the fact is that defendant did not even purport to make such a waiver. Finally, we recognize that the memorandum of points and authorities accompanying the petition for writ of mandate stated, “a full disclosure and waiver were obtained by counsel from Bonin,” and that defendant executed a form verification of the petition. Defendant’s verification, however, cannot be deemed a waiver. On its very face, it is altogether too broad and conclusory, providing the court with none of the assurances the Constitution requires it to obtain before accepting a waiver. More important, it is lacking in relevant legal effect: it verifies the petition and not the memorandum of points and authorities in which the statement about disclosure and waiver appears. Thus, even when we read the record as favorably as we can to support the Attorney General’s argument, we are compelled to conclude that it shows no more than that defendant might have been willing to waive his constitutional right to the assistance of conflict-free counsel and that such a waiver might have been knowing and intelligent. A showing of that sort, however, is simply not enough. As we stated above, “at a minimum, the trial court must assure itself that (1) the defendant has discussed the potential drawbacks of [potentially conflicted] representation with his attorney, or if he wishes, outside counsel, (2) that he has been made aware of the dangers and possible consequences of [such] representation in his case, (3) that he knows of his right to conflict-free representation, and (4) that he voluntarily wishes to waive that right.” (People v. Mroczko, supra, 35 Cal.3d at p. 110.) Here, it is plain, the trial court did not even attempt to obtain such an assurance. The Attorney General next argues in substance that defendant caused whatever error the trial court may have committed and accordingly may not be heard to raise any complaint. His argument is to the following effect: defendant’s motions to substitute Charvet & Stewárt in the place of Hanson and to proceed pro se if substitution was not allowed constituted attempts to delay trial and thereby prejudice the People’s case; confronting such attempts, the court was compelled to act as it did; therefore, if any of its acts or omissions was improper, defendant was responsible for the error and hence should not be allowed to derive any benefit therefrom. Why defendant made his motions is hard to determine to any degree of certainty. The record does indeed support an inference that defendant acted for the sole purpose of delaying trial and prejudicing the People’s case. But the record also supports another inference—viz., that as he faced a trial at which his life would be at stake, defendant wanted to be represented by counsel in whom he had full confidence or by no counsel at all. Whatever defendant’s motives may have been, we simply cannot conclude that defendant can be held responsible for the error of which he now complains: he did not compel the trial court to act as it did. On or before the first day of trial, the court need only have attempted to obtain from defendant a waiver of his constitutional right to the assistance of conflict-free counsel. If it had been successful—as the record shows it likely would have been—it could properly have ordered substitution and then proceeded to commence trial with Charvet & Stewart as counsel of record for defendant. If it had not been successful, it could then have denied the substitution motion to “protect the record and defendant’s right to effective assistance . . . .” (Maxwell v. Superior Court, supra, 30 Cal.3d at p. 620.) In that case, it could also have denied as untimely (People v. Windham (1977) 19 Cal.3d 121, 127-128 [137 Cal.Rptr. 8, 560 P.2d 1187]) defendant’s motion to proceed pro se unless he was willing to commence trial forthwith. In short, the court had more than adequate means to properly retain control of the proceedings and hence must shoulder responsibility for its error. We turn now from the fact of Wood error to its consequences. As stated above, to obtain reversal the defendant is not required to demonstrate specific prejudice but must show an actual conflict of interest burdening defense counsel and an adverse effect on counsel’s performance arising from that conflict. Defendant argues that Wood error is subject to automatic reversal. We cannot agree. We recognize that in a footnote the Wood majority used language that may perhaps be read to support defendant’s position: “Justice White’s dissent states that we have gone beyond the recent decision in Cuyler v. Sullivan, 446 U.S. 3