People v. Washington CA3

I. BACKGROUND1

The People charged defendant with kidnapping, making criminal threats, and inflicting corporal injury on a spouse (domestic violence). The People further alleged defendant was previously convicted of a strike offense and a serious felony and previously served a term in prison. A jury later convicted defendant of kidnapping and domestic violence, and the trial court found true the enhancement allegations. Prior to sentencing, defendant asked the trial court for a continuance because he was considering moving for a new trial and wanted the reporter’s transcript of the trial. The trial court refused to continue the matter “for any significant period of time.” The court advised defendant, “It was a short trial. I don’t think that there were any issues, quite candidly.” The court nevertheless agreed to a brief continuance to allow defendant to discuss further with counsel “whether any grounds exist[ed] . . . which one can obtain a new trial.” The following exchange then took place: “THE DEFENDANT: If I was to file a motion for new trial under ineffective assistance of counsel, then would that be different? That’s what I was going for as well so— “THE COURT: In terms of…