In a personal injury case, in what circumstances will the court find that counsel was ineffective in failing to argue that a defendant's admission to a treatment program justified probation?
California, United States of America
The following excerpt is from People v. Brown, C085056 (Cal. App. 2018):
Lastly, defense counsel was not ineffective in failing to make the arguments defendant raises now. Since counsel could not have contested the validity of the aggravating factors the trial court relied on, and the alleged mitigating factor defendant cites did not exist, counsel's argument that defendant's admission to a treatment program justified probation was the best strategy available on these facts.
The judgment is affirmed.
/s/_________, J.
HOCH
We concur:
/s/_________
RAYE, P. J.
/s/_________
BLEASE, J.
Footnotes:
1. Undesignated statutory references are to the Penal Code.
2. People v. Harvey (1979) 25 Cal.3d 754.
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