Does a motion for a new trial on ineffective assistance of counsel fail to address the issue of ineffective assistance?
California, United States of America
The following excerpt is from People v. Garibay, B245741 (Cal. App. 2014):
Defendant also complains that the trial court never inquired about or addressed his request for a continuance to "pursue a motion for new trial on ineffective assistance." Neither defendant nor defense counsel stated that defendant intended to file a new trial motion. Defense counsel stated that she discussed with defendant's father a motion for new trial based on ineffective assistance of counsel, but that defendant did not at that time seek to file such a motion. Defense counsel then stated that she hoped the court would give defendant additional time to consider whether to file a new trial motion. The trial court reasonably could have found, based on defense counsel's statements, that defendant did not intend to file a motion for new trial. Accordingly, the trial court did not abuse its discretion in denying defendant's motion for a continuance without addressing the new trial/ineffective assistance of counsel issue. (People v. Beames, supra, 40 Cal.4th at p. 920.)
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The judgment is affirmed.
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