Legal Question in Appeals and Writs in California

Re: Possession of sales

If your sentence was illegal then your remedy is an appeal, not a writ petition. Ineffective assistance of counsel (IAC) can sometimes be argued in an appeal as well, but only if all the evidence of ineffectiveness -- including evidence of what the attorney improperly *failed* to do -- is in the record. Where proving IAC requires additonal evidence, it must be addressed in a petition for a writ of habeas corpus.

Can you do this yourself? Yes, but you probably can't do it well enough to succeed even if you have a good case. You should get a lawyer if at all possible. If you can't afford one, an attorney will be appointed for you at public expense to handle your appeal. Technically you are not entitled to such an appointment for your habeas petition but, if the same attorney handles both at the same time, there is a good chance his appointment order would cover both matters.

Re: Possession of sales

You file with the appeals court appropriate to your case. Sure, you can do it yourself if YOU are competent to effectively and properly do all the legal filings, pleadings and hearings. If not, hire counsel to do it right, or request a PD.

Re: Possession of sales

Unless you pled guilty, you can hire an appellate attorney (or have one appointed) to raise these issues.