People v. Burnett

Defendant was convicted for unlawfully possessing a weapon. Defendant argues ineffective assistance of counsel. As no pretrial hearing occurred as to probable cause, record is inadequate to permit review of whether a motion to quash arrest would have had merit. A direct appeal of his conviction is not the appropriate vehicle for Defendant's claim Defendant cannot meet his burden to show ineffective assistance of counsel without presenting evidentiary facts or nonexistence of such facts pertaining to the officers' probable cause determination. (PIERCE and WALKER, concurring.)