What is the current state of the law on competence of counsel in a criminal case?

Competency of counsel has generally been divided by the courts into two areas: Competence in the sense of strategy tactics and judgment exercised by the counsel during his conduct and control of the case; or competence or lack of it when the attack is made because of a lack of knowledge of the law or lack of preparation and investigation exhibited by counsel. (People v. Pineda (1967) 253 Cal.App.2d 443, 468--469, 62 Cal.Rptr. 144, and citations contained therein.)

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As to this latter category, defense counsel showed no lack of knowledge of the law when he moved (with appropriate citation of authorities) that the prosecution either produce the witness or that the action be dismissed. Defense counsel also followed the available leads to ascertain the present location of the witness. Thus, counsel did not demonstrate any incompetency based upon knowledge of the law or inquiry into the circumstances of the crime. (See People v. Beagle (1972) 6 Cal.3d 441, 458--459, 99 Cal.Rptr. 313, 492 P.2d 1.)