California, United States of America
The following excerpt is from The People v. Soto, D056814, No. RIF123809 (Cal. App. 2011):
introduction of the police interview supported defendant's self-defense theory. Because the record shows defense counsel had a reasoned basis for selecting a self-defense rather than identity theory, defendant has not shown ineffective representation arising from counsel's decision to forego a motion to suppress the interview. (See People v. Jenkins (1975) 13 Cal.3d 749, 753-755 [ineffective representation claim fails absent showing that counsel had no tactical reason for failing to file suppression motion].) The trial court did not err in denying defendant's new trial motion.
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