In a motion to quash and traverse the search warrant, where the record is silent on the failure of the initial counsel to bring the motion?

counsel failed to bring a motion to quash or traverse the search warrant; the record is silent. In his appellate briefs, Mendoza asserts that his initial trial counsel's ineffective assistance is demonstrated by his raising "frivolous arguments" in the initial motion to suppress and by his failure to bring a motion to quash and traverse the search warrant. This may be true, but "[w]e are wary of adjudicating claims casting aspersions on counsel when counsel is not in a position to defend his conduct. A claim of ineffective assistance of counsel instead is more appropriately made in a habeas corpus proceeding." (People v. Hinds, supra, 108 Cal.App.4th at p. 902.)

In this case, we know nothing of trial counsel's off-the-record interactions with Mendoza, the prosecutor, or even the trial judge, which may have influenced his behavior and on this record, we cannot say that there can be no satisfactory explanation for counsel's action (or inaction). Accordingly, we dismiss the appeal "without prejudice to any rights appellant may have to relief by way of a petition for writ of habeas corpus." (People v. Garrido (2005) 127 Cal.App.4th 359, 367.)