In re Roberts CA5
Petitioner Luke Steven Roberts seeks relief in habeas corpus for ineffective assistance of trial counsel in failing to preserve his claim that the evidence against him was the result of an illegal search. Roberts contends that, after the motion to suppress was denied at the preliminary hearing, counsel should have either renewed his suppression motion as provided by Penal Code section 1538.5, subdivision (i) , or filed a motion to dismiss under section 995, and failing to do so rendered counsel ineffective. (Strickland v. Washington (1984) 466 U.S. 668 (Strickland).) Roberts also avers that he would not have pleaded no contest if he had been informed that he would not be able to raise the meritorious search issue on direct appeal.
Roberts was charged with one count of possession of a firearm by a felon (§ 29800, subd. (a)(1)), and one count of unlawful possession of ammunition by a prohibited person (§ 30305, subd. (a)(1)).
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