Can a defendant bring a motion for writ of habeas corpus against the trial counsel's failure to investigate his case?

Defendant claims his right to effective assistance of counsel was violated by trial counsel's failure to investigate his case. According to defendant, such an investigation would have revealed he was not a gang member as charged in count 2. However, defendant stipulated that the police reports provided a factual basis for the plea, and those reports indicate defendant is a documented gang member. There is nothing in the record to support defendant's contrary claim so any challenge to the validity of the plea based on ineffective assistance of counsel must be raised by way of petition for writ of habeas corpus. (People v. Mendoza Tello (1997) 15 Cal.4th 264, 266-267.)

Defendant also claims his trial attorney was ineffective for failing to explain the credits awarded on the two cases (the current case and the violation of probation in case No. FSB0704401). There was no ineffectiveness because the sentence imposed was correct and was in conformity with the plea agreement. Defendant was on probation at the time he committed the current offenses and already had custody credits in case No. FSB0704401, so he had more credits on the older case, which will expire earlier than the instant case. A concurrent new term "overlaps" the prior term to the extent service of the earlier sentence is not complete on the day the new term is imposed. But sentences may be concurrent, i.e., may run together, without either starting together or ending together; instead, they run together during the time that the periods overlap. (People v. Bruner (1995) 9 Cal.4th 1178, 1182.)