Tomas

In these consolidated proceedings, defendant Gregory Tomas (1) appeals from the judgment sentencing defendant to prison for the term prescribed by law on two counts of assault upon peace officers engaged in the performance of their duties "by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (b)), and (2) seeks by writ of habeas corpus to invalidate the judgment upon grounds not apparent from the appellate record. Both attacks upon the judgment are based upon defendant’s claim that he was denied effective assistance of counsel by trial counsel’s incompetence as a result of which crucial defenses were withdrawn from the case.

A full complement of briefs has been filed in both matters. However, defendant has presented all legal argument in his memorandum of argument in support of the petition which has been incorporated by reference as his appellant’s opening brief. Inasmuch as all contentions relating both to the appeal and the petition are subsidiary to the claim of incompetence of counsel, they will be discussed herein on the basis of the facts applicable thereto regardless of the source of such facts.

The charges of which defendant was…