How have the courts dealt with Defendant's claim that defense counsel pressured defendant not to testify on his own behalf?

California, United States of America


The following excerpt is from People v. Sandstrom, E069503 (Cal. App. 2018):

Defendant's other four arguments are based on ineffective assistance of counsel. Defendant contends defense counsel misadvised him during plea negotiations that he did not face a life sentence, and defendant would have pled guilty had he known he was facing a life sentence if he went to trial. Because this issue requires review of matters outside the record, it is better raised on habeas corpus, and so we decline to address this issue. (People v. Bean (1988) 46 Cal.3d 919, 944.) The same problem exists with defendant's contention that defense counsel pressured defendant not to testify on his own behalf, so we also decline to address that issue. However, we do point out that when the People rested their case, the court initiated a dialogue to make sure defendant knew that it was his choice whether to testify or not, and that no one could either stop him from testifying or force him to testify. Defendant stated in open court that he understood his rights and was not planning to testify.

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