Defendant was arrested in his own house for aggravated DWI on a warrantless entry. Defendant made a prima facie case of IAC getting a hearing on defense counsel\u2019s failure to move to suppress. State v. Crocco, 2013 NMCA 033, 296 P.3d 1224 (2012), Certiorari Granted, March 1, 2013, No. 33,938*:<\/p>\n
[*1] Following a warrantless police entry into a private residence, Defendant Gregg Crocco was arrested and charged with aggravated driving while intoxicated, contrary to NMSA 1978, Section 66-8-102(D)(1) (2008) (amended 2010). His trial counsel did not move to suppress evidence that resulted from the warrantless entry. Defendant was convicted and he appeals, arguing, among other things, that the police made an unconstitutional warrantless entry into the residence and that his counsel was ineffective for failing to move to suppress the evidence obtained as a result. We hold that Defendant has made a prima facie showing of ineffective assistance of counsel based on his counsel’s failure to move to suppress evidence gained from the warrantless entry. We reverse Defendant’s conviction and remand for a new trial.<\/p><\/blockquote>\n
The officer allegedly extended the stop and defense counsel at trial didn\u2019t move to suppress. Because the facts aren\u2019t clear that the motion probably would have been granted, defense counsel wasn\u2019t ineffective. State v. Walker<\/a>, 824 N.W.2d 561 (Iowa App. 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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