PEOPLE v. CHAVEZ

Docket No. C019365.

44 Cal.App.4th 1144 (1996)

52 Cal. Rptr.2d 347

THE PEOPLE, Plaintiff and Appellant, v. GILBERT A. CHAVEZ et al., Defendants and Respondents.

Court of Appeals of California, Third District.

April 24, 1996.


Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, J. Robert Jibson and Karen L. Ziskind, Deputy Attorneys General, for Plaintiff and Appellant.

Jeffrey J. Stuetz, K. Douglas Cummings, Berley & DeVito and Diane E. Berley for Defendants and Respondents.


OPINION

DAVIS, J.

A jury convicted each of the three defendants of two drug sale offenses. The trial court then granted defendants' motion for new trial, finding their counsel ineffective for failing to find the avenue by which the evidence could have been suppressed. We conclude the trial court erred in finding counsel ineffective and therefore erred in granting defendants' motion for new trial. In so doing we find that the restrictions...

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