State v. Harvey

Defendant, Jerry E. Harvey, appeals his judgment and sentence for first degree robbery and a special deadly weapon finding. We affirm.

Defendant was granted a new trial after the trial court found that a hearing impairment of defense counsel prevented effective representation. A new attorney was appointed for the second trial. Defendant first assigns error to the court's failure to conduct a new suppression hearing before the second trial. He argues that because the trial court determined that counsel was ineffective at trial, counsel was necessarily ineffective at the suppression hearing.

Altho…