State v. French, No. 3497
| Docket Nº | No. 3497 |
| Citation | 1978 NMCA 78, 582 P.2d 1307, 92 N.M. 94 |
| Case Date | August 08, 1978 |
| Court | Court of Appeals of New Mexico |
Page 1307
v.
James FRENCH, Defendant-Appellant.
[92 NM 95]
Page 1308
John B. Bigelow, Chief Public Defender, Reginald J. Storment, Appellate Defender, Santa Fe, for defendant-appellant.Toney Anaya, Atty. Gen., Santa Fe, Charlotte Hetherington Roosen, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.
WOOD, Chief Judge.
This appeal involves: (1) effective representation of counsel and (2) motion to withdraw guilty pleas.
Defendant was charged with, and pled guilty to, four counts of criminal sexual penetration in the second degree. Defendant was given a diagnostic commitment. Section 40A-29-15(C), N.M.S.A.1953 (2d Repl. Vol. 6).
Effective Representation of Counsel
The diagnostic report to the trial court stated that defendant claimed he pled guilty because his counsel threatened to withdraw if he did not plead guilty.
At the sentencing hearing, defendant's counsel moved for permission to withdraw giving as his reasons (a) the alleged threat claimed by defendant, (b) counsel's denial that any such threat was made, and (c) counsel's belief that no "working relationship" remained between counsel and defendant.
The trial court took the motion to withdraw under advisement "until I order a final disposition in this case." After sentence was imposed, the trial court advised defendant of his right to appeal and granted the motion of counsel to withdraw, effective after entry of the formal judgment and sentence.
[92 NM 96]
Page 1309
During the sentencing hearing, the trial court asked both counsel and defendant if they had any statement they wished to make before sentence was pronounced. Counsel had nothing to say. Defendant moved to withdraw his guilty pleas; this motion was denied. Sentence was then pronounced.Defendant asserts that counsel "did not act as an advocate but as a disinterested observer during sentencing." Defendant asserts this "in itself might constitute inadequate counsel". Defendant also claims that he was entitled to counsel to advocate his motion to withdraw his guilty pleas, and infers that because counsel did not "advocate" this motion, that counsel at the sentencing hearing was "ineffective".
The standard for determining ineffective assistance of counsel is whether the proceedings were a sham, farce or mockery of justice. State v. Trivitt, 89 N.M. 162, 548 P.2d 442 (1976). The transcript does not show this standard was violated.
This record does not show that counsel "did not act as an advocate" during the sentencing proceedings. Counsel remained silent, but that could have been a choice of tactics; at least, there is nothing showing silence was not a tactical decision by counsel. The choice of tactics is...
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State v. Moore, Docket No. 23,259.
...288, 292, 772 P.2d 322, 326 (1989), overruled on other grounds by State v. Henderson, 109 N.M. 655, 789 P.2d 603 (1990); State v. French, 92 N.M. 94, 96, 582 P.2d 1307, 1309 (Ct. App. 1978); State v. Kincheloe, 87 N.M. 34, 36, 528 P.2d 893, 895 (Ct. App. 1974); see also State v. Martinez, 2......
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State v. Scott, No. 12097
...In considering a claim of ineffective assistance of counsel, the entire proceeding must be considered as a whole. Id.; State v. French, 92 N.M. 94, 582 P.2d 1307 (Ct.App.1978). "The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the p......
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State v. Lewis, No. 8709
...addressing a claim of ineffective assistance of counsel. State v. Hernandez, 104 N.M. 268, 720 P.2d 303 (Ct.App.1986); State v. French, 92 N.M. 94, 582 P.2d 1307 (Ct.App.1978). As stated in Strickland v. Washington, 466 U.S. 668, 686, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674, reh'g denied, 467 ......
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State v. Boyer, No. 8175
...of the attorney's professional judgment. But, failing such persuasion, the client's contention should be presented. See State v. French, 92 N.M. 94, 582 P.2d 1307 (Ct.App.1978). The manner of such presentation is solely for the attorney, subject, however, to NMSA 1978, Code of Prof.Resp.Rul......
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State v. Moore, Docket No. 23,259.
...288, 292, 772 P.2d 322, 326 (1989), overruled on other grounds by State v. Henderson, 109 N.M. 655, 789 P.2d 603 (1990); State v. French, 92 N.M. 94, 96, 582 P.2d 1307, 1309 (Ct. App. 1978); State v. Kincheloe, 87 N.M. 34, 36, 528 P.2d 893, 895 (Ct. App. 1974); see also State v. Martinez, 2......
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State v. Scott, No. 12097
...In considering a claim of ineffective assistance of counsel, the entire proceeding must be considered as a whole. Id.; State v. French, 92 N.M. 94, 582 P.2d 1307 (Ct.App.1978). "The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper......
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State v. Lewis, No. 8709
...addressing a claim of ineffective assistance of counsel. State v. Hernandez, 104 N.M. 268, 720 P.2d 303 (Ct.App.1986); State v. French, 92 N.M. 94, 582 P.2d 1307 (Ct.App.1978). As stated in Strickland v. Washington, 466 U.S. 668, 686, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674, reh'g denied, 467 ......
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State v. Boyer, No. 8175
...of the attorney's professional judgment. But, failing such persuasion, the client's contention should be presented. See State v. French, 92 N.M. 94, 582 P.2d 1307 (Ct.App.1978). The manner of such presentation is solely for the attorney, subject, however, to NMSA 1978, Code of Prof.Resp.Rul......