In what circumstances will a defendant be prejudiced by his counsel's error in moving to dismiss a misdemeanor instead of transferring it?

California, United States of America


The following excerpt is from People v. Reynolds, C082952 (Cal. App. 2018):

In People v. Clark (1971) 17 Cal.App.3d 890, 898, the court found that the defendant was not prejudiced by his counsel's error in moving to dismiss a misdemeanor instead of transferring it because had the case been transferred it would have been tried on the same evidence, with the same result. Similarly, had the misdemeanors been transferred to Yolo County, the same strong evidence linking defendant to the van and its contraband would have been presented. Given that the jury obviously did not find the evidence related to the firearms found in Placer County particularly compelling, the absence of such evidence in a Yolo County trial would not have made a difference in the outcome on the misdemeanors.

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