Can a defense attorney who fails to understand the available sentencing alternatives for a defendant be found incompetent?

California, United States of America


The following excerpt is from People v. Turner, 200 Cal.Rptr.3d 739 (Cal. App. 2016):

"Under existing law, a defense attorney who fails to adequately understand the available sentencing alternatives, promote their proper application, or pursue the most advantageous disposition for his client may be found incompetent. [Citations.]" (People v. Scott (1994) 9 Cal.4th 331, 350351, 36 Cal.Rptr.2d 627, 885 P.2d 1040.)

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