People v. Miramontes

Defendant was convicted, after bench trial, of possession of methamphetamine. Defense counsel's strategy to challenge whether Defendant knowingly possessed it, strategy did not require stipulating to weight of the substance. Stipulation fell below an objective standard of reasonableness, and resulted in State not being required to prove an important element of its case by providing testimony of chemist. Defense counsel was aware of commingling before entering into stipulation. Stipulation prejudiced Defendant, as if Defendant had not stipulated to weight, there would have likely been a different outcome. Remanded for new trial. (DELORT and HOFFMAN, concurring.)