People v. Holley

I concur with the majority opinion with the exception of that portion which remands for further proceedings on the ineffective assistance of counsel claim. The trial court previously satisfied its obligations under Moore. The defendant filed a pro se motion for a new trial alleging, among other things, that his trial counsel was ineffective for failing to file a motion to suppress evidence and failing to file a motion to dismiss. When asked to address his allegations of ineffective assistance of counsel, defendant added that, “I was telling him that I should have had took a bench trial…