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Keywords

defendantappealtrialhabeas corpuscircumstantial evidenceobjection
defendantdiscoveryhearingtrialfelonyprosecutor

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People v. Ledesma, 43 Cal.3d 171, 729 P.2d 839, 233 Cal.Rptr. 404

Facts

On August 26, 1978, Gabriel Flores was robbed at a gas station by two men, one of whom was identified as the defendant. Following the robbery, Flores was later found murdered, and the defendant was arrested based on a series of circumstantial evidence and witness statements. The trial was marked by significant lapses in the defense counsel's performance, including failure to investigate mental health defenses and to object to improper evidence.

Defendant was convicted of first degree murder ( Pen.Code, § 187 ), kidnapping (id., § 207), and two counts of robbery (id., § 211); special circumstance allegations of the intentional killing of a witness (former Pen.Code, § 190.2 , subd. (c)(2)), felony-murder robbery (id., subd. (c)(3)(i)), and felony-murder kidnapping (id., subd. (c)(3)(ii)) were found true; and defendant was sentenced to death (id., § 190 et seq.).

Issue

Was the defendant denied effective assistance of counsel during his trial?

The Supreme Court, Mosk, J., held that: (1) defendant was not denied effective assistance of counsel absent evidence in appellate record as to why counsel conducted defense as he did; (2) defendant was denied effective assistance of counsel where counsel failed to undertake adequate factual investigation and legal research of mental defenses; (3) counsel failed to provide defendant effective assistance by failing to object at trial to prosecutor's comments and questions relating to victim's extrajudicial identification of defendant; (4) defendant was not denied effective assistance of counsel for counsel's failure to determine whether he had obtained discovery of all material relating to prosecution witnesses; (5) defendant was not denied effective assistance of counsel by counsel's failure to test testimonial competence of two prosecution witnesses; and (6) defendant was denied effective assistance by counsel's failure to move pretrial to suppress intercepted telephone call or to object at trial to its introduction.

Rule

A defendant is entitled to effective assistance of counsel, which includes adequate investigation and objection to prejudicial evidence.

The Supreme Court, Mosk, J., held that: (1) defendant was not denied effective assistance of counsel absent evidence in appellate record as to why counsel conducted defense as he did; (2) defendant was denied effective assistance of counsel where counsel failed to undertake adequate factual investigation and legal research of mental defenses; (3) counsel failed to provide defendant effective assistance by failing to object at trial to prosecutor's comments and questions relating to victim's extrajudicial identification of defendant; (4) defendant was not denied effective assistance of counsel for counsel's failure to determine whether he had obtained discovery of all material relating to prosecution witnesses; (5) defendant was not denied effective assistance of counsel by counsel's failure to test testimonial competence of two prosecution witnesses; and (6) defendant was denied effective assistance by counsel's failure to move pretrial to suppress intercepted telephone call or to object at trial to its introduction.

Analysis

The court found that the defense counsel's failures, including not investigating mental health defenses and not objecting to the introduction of prejudicial evidence, constituted ineffective assistance. The court emphasized that these failures likely affected the outcome of the trial, leading to a miscarriage of justice.

To assist this court in resolving the ineffectiveness claim, we appointed the Honorable Joseph P. Kelly, Judge of the Superior Court of Santa Clara County, Retired, as referee to take evidence and make findings of fact and conclusions of law regarding that claim. Following the hearing, the referee filed his report. He concluded that defendant's trial counsel was incompetent in several particulars, that as a result he subjected the defense to prejudice, and hence that he failed to provide defendant with effective assistance.

Conclusion

The court denied the appeal but granted the writ of habeas corpus, vacating the defendant's conviction and sentence.

Accordingly, he recommended that the petition be granted and the writ issue. As we shall explain, we adopt the referee's report in relevant part and follow the referee's recommendation, and hence grant the petition and vacate the judgment of conviction.

Who won?

Defendant prevailed in the habeas corpus petition due to the court's finding of ineffective assistance of counsel.

Defendant was convicted in the Superior Court, Santa Clara County, John Schatz, J., of, inter alia, first-degree murder, and was sentenced to death.

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