People v. Garcia

Defendant was convicted, after jury trial, of attempted burglary. Prior to trial, court granted Defendant's motion in limine barring State from presenting other crimes evidence at trial. Defendant counsel did not object ot State admitting unedited copies of videotaped confessions, thus exposing jury to prejudicial other crimes evidence. Defense counsel had an actual conflict of interest when he argued posttrial motion, as he had to argue that his own error resulted in unfair trial. Defense counsel's failure to make any effort to show either prong of Strickland standard, and record shows that his failure to do so was due to conflict of interest in having to argue his own ineffectiveness. Defendant was thus denied his constitutional right to conflict-free counsel at posttrial stage of proceedings. (CHAPMAN and CATES, concurring.)