Is it ineffective assistance of counsel for the purposes of denying a motion to suppress an assault weapon?
California, United States of America
The following excerpt is from People v. Fernandez, F068554 (Cal. App. 2015):
2. Fernandez's assertion of ineffective assistance of counsel must fail for this reason. Defense counsel's failure to move to suppress the weapon did not constitute ineffective assistance of counsel because the motion would have been denied. (People v. Samayoa (1997) 15 Cal.4th 795, 848.)
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