In People v. Sanchez (1978) 83 Cal.App.3d Supp. 1, the trial court changed its mind about whether lack of consent was an element of the crime in the middle of defense counsel's closing argument. Since counsel had already argued lack of consent based on the jury instructions that were given, the appellate division of the superior court found the trial court's action "had the effect of destroying the credibility of the defense attorney in the eyes of the jury. Such required shifting of gears rendered defense counsel ineffective." (Id. at p. 7.)