Is there any case law where a motion to dismiss was successful on the grounds that the prior counsel was ineffective?

California, United States of America


The following excerpt is from People v. Hammond, B271293 (Cal. App. 2017):

1. Hammond also filed a "nonstatutory motion to dismiss" on the grounds his prior trial counsel was ineffective and the ineffectiveness deprived him of a substantial right. The trial court denied this motion. Hammond's opening brief makes one reference to the trial court's denial of this motion to dismiss in a section heading but does not provide any further factual specificity, citation to authority, or argument. As a result, Hammond forfeited any argument the trial court erred in denying this motion. (See People v. Stanley (1995) 10 Cal.4th 764, 793.)

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