Is there any merit to appellant's contention that the failure of trial counsel to object denied appellant the effective assistance of counsel?

California, United States of America


The following excerpt is from Willie T., In re, 139 Cal.Rptr. 439, 71 Cal.App.3d 345 (Cal. App. 1977):

There is no merit to appellant's contention that the failure of trial counsel to object denied appellant the effective assistance of counsel. First, it appears from the record that counsel's failure to object was not a result of ignorance of the facts or the law but was a tactical decision because he considered appellant's statements to be exculpatory. (See People v. Jenkins, 13 Cal.3d 749, 755, 119 Cal.Rptr. 705, 532 P.2d 857.) Counsel argued that appellant's possession of the bike was not disputed, that the only issue was whether appellant knew while he possessed it that [71 Cal.App.3d 350] it was stolen, and that all of appellant's statements to the officer were consistent with his defense that he did not learn the bike was stolen until immediately prior to his arrest.

Page 442

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