P. v. Knowles CA3
A jury convicted defendant Richard Knowles of possession of heroin for sale. The trial court found that he had a prior conviction for the same offense, a prior strike, and two prior prison terms.
Before sentencing, defendant sought and was granted leave to proceed in propria persona. He moved to vacate the judgment and for new trial. Along with other contentions not renewed on appeal, defendant alleged that trial counsel was ineffective in failing to convey a pretrial offer of a four-year prison sentence, which he would have accepted had he known of it, before the offer expired. The trial court denied the motion and thereafter imposed a nine-year state prison term.
Defendant now contends the trial court abused its discretion by denying the motion without holding an evidentiary hearing. We agree and shall remand with directions that the court hold such a hearing.
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