Can defendants prevail on their claim that their trial attorneys were ineffective for failing to seek dismissal of their cases through a pretrial petition for extraordinary writ?
California, United States of America
The following excerpt is from People v. Espinoza, B283298 (Cal. App. 2019):
5. In light of this conclusion, defendants cannot prevail on their claim that their trial attorneys were ineffective for failing to seek dismissal of their cases through a pretrial petition for an extraordinary writ. (See Sykes v. Superior Court (1973) 9 Cal.3d 83, 88-89 [dismissal following a pretrial petition for extraordinary writ relief is mandatory only if there is no showing of good cause to continue the defendant's trial].)
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