P. v. Brooks
This matter involves a consolidated appeal and petition for writ of habeas corpus challenging the denial of a motion to suppress filed by appellant Douglas Gerard Brooks pursuant to Penal Code section 1538.5, and the effectiveness of assistance he received from counsel in connection with that motion.[1] Following denial of his motion, appellant pled no contest to transportation of a controlled substance in violation of Health and Safety Code section 11379, subdivision (a), and admitted a prior conviction under Health and Safety Code section 11370.2. Appellant thereafter received a six-year prison sentence and was committed to the California Rehabilitation Center. For reasons set forth below, we conclude that appellants petition for writ of habeas corpus has merit, and thus that we must remand this matter to the trial court to ensure he receives effective assistance of counsel in connection with his suppression motion.
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