Haynes

Haynes was convicted by a jury of receiving stolen property (Pen. Code, § 496, subd. 1) granted probation and appeals alleging he was denied effective assistance of counsel by his court-appointed attorney’s failures to object during trial to hearsay testimony and to move prior to trial for suppression of evidence resulting from the unlawful impound of Haynes’ vehicle. He also claims it was prejudicial error for the court not to instruct the jury sua sponte it must view Haynes’ admission with caution.

We set forth the facts relevant to these issues.

In August 1975, James Lee, who worked part time from his back yard repairing cars for friends, was given by his father-in-law a 1969 Chevrolet station wagon with severe front end damage as a result of an accident. The vehicle bore California license plate number YWH 512 and had a vehicle identification number (VIN) with the last three digits of 053. Lee dismantled the car and disposed of most of the parts, including the engine, transmission, front bumper with license plate, hood, grill and fenders. Primarily all that remained was the frame with the rear bumper and license plate.

Approximately August 1976, Lee advertised the…

I respectfully dissent.

I have no quarrel with the general proposition that lawyers too are entitled to fair play and the preferable manner of resolving allegations of incompetence of counsel is by writ of habeas corpus. (In re Lower (1979) 100 Cal.App.3d 144, 152 [ 161 Cal.Rptr. 24 ].) Particularly where the criticism of counsel is directed to trial tactics, such as the failure to object to evidence, it is virtually impossible in a direct appeal to resolve whether counsel’s decision in the heat of trial was predicated on tactical considerations. (People v. Frierson (1979) 25 Cal.3d 142, 158 [ 158 Cal.Rptr. 281 , 599 P.2d 587 ].) However, where the attack is directed to a pretrial motion to suppress evidence tactical considerations would appear to be irrelevant. If the motion is brought the worse that can happen is that it will be denied; the evidence, subject to other rules governing its admissibility, will then be available for trial. Under such circumstance the record itself is sufficient to determine whether trial counsel failed to meet the standards established in People v. Pope (1979) 23 Cal.3d 412, 424-425 [ 152 Cal.Rptr. 732 , 590 P.2d 859 ].

A reasonably competent…

Haynes was convicted by a jury of receiving stolen property (Pen. Code, § 496, subd. 1) granted probation and appeals alleging he was denied effective assistance of counsel by his court-appointed attorney's failures to object during trial to hearsay testimony and to move prior to trial for suppression of evidence resulting from the unlawful impound of Haynes' vehicle. He also claims it was prejudicial error for the court not to instruct the jury sua sponte it must view Haynes' admission with caution.

We set forth the facts relevant to these issues.

In August 1975, James Lee, who worked part time from his back yard repairing cars for friends, was given by his father-in-law a 1969 Chevrolet station wagon with severe front end damage as a result of an accident. The vehicle bore California license plate number YWH 512 and had a vehicle identification number (VIN) with the last three digits of 053. Lee dismantled the car and disposed of most of the parts, including the engine, transmission, front bumper with license plate, hood, grill and fenders. Primarily all that remained was the frame with the rear bumper and license plate.

Approximately August 1976,…