P. v. Giles
Appellant Robert Thomas Giles appeals from the judgment upon his conviction for grand theft after he pled no contest to the charge. Appellant argues that he did not receive effective assistance of counsel during the negotiation phase of his plea deal. More specifically, appellant contends that his counsel: (1) failed to challenge the sufficiency of the charges; (2) failed to present evidence that could have mitigated his sentence and could have possibly resulted in a reduction of the charges against him; (3) did not file a written discovery motion; and (4) failed to file a motion to exclude appellant’s incriminating statement to police. As we shall explain, there is no evidence in the record on appeal as to why counsel acted (or failed to act) in the manner which appellant complains about on appeal. Appellant has thus failed to carry his burden to prove ineffectiveness of his trial counsel. Accordingly, we affirm the judgment.
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