California, United States of America
The following excerpt is from People v. Grayson, C073803 (Cal. App. 2018):
for an explanation and failed to provide one, or unless there simply could be no satisfactory explanation," the claim on appeal must be rejected.' [Citations.] A claim of ineffective assistance in such a case is more appropriately decided in a habeas corpus proceeding. [Citations.]" (People v. Mendoza Tello (1997) 15 Cal.4th 264, 266-267.) In this case, trial counsel was not asked for any explanation as to why he had failed to file a motion to dismiss and there is none provided to us. There could easily be a satisfactory explanation, such as counsel's determination that the continuances were justified by good cause and a motion to dismiss would be unwarranted and would only result in further delaying defendant's trial after he had made clear he wanted a trial as soon as possible. Therefore, defendant has failed to show ineffective assistance of counsel.
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