California Court of Appeal

Convictions of possession for sale of marijuana are affirmed. With respect to the noncitizen defendant, who is subject to mandatory deportation as a result of his conviction, attorney-s failure to investigate, advise, and utilize defense alternatives to a plea of guilty of an aggravated felony might have constituted ineffective assistance of counsel.

Appellate Information

• Decided 01/27/2004
• Published 01/27/2004

Judges

• PREMO, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Eric D. Share, Supervising Deputy Attorney General, Catherine A. McBrien, Deputy Attorney General.


• For Appellees:
  
•  Sixth District Appellate Program, In association with Meredith Fahn, for Defendant/Appellant/Petitioner:  Dave Bautista., By appointment of the court of appeal Rex Williams, for Defendant/Appellant:  Michael Bautista.