P. v. Saldivar
A jury found defendant and appellant Cesar Saldivar guilty of possessing ecstacy for sale. On appeal, he claims he received ineffective assistance of counsel based on his trial counsels failure to object to evidence showing that he possessed a small amount of marijuana when he was arrested and that his cell phone had a picture of marijuana in its memory. According to defendant, the marijuana evidence was irrelevant to the charged crime of possessing ecstacy for sale and its introduction into evidence prejudiced the jury against him. Court hold that the record is insufficient to enable us to determine the ineffective assistance of counsel claim, which claim is ordinarily and more appropriately raised in a petition for writ of mandate. Court therefore affirm the judgment of conviction.
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