P. v. Vinson
Defendant Kerry Vinson was convicted after jury trial of battery by a prisoner on a non-prisoner (Pen. Code, 4501.5),[1] and misdemeanor destruction of evidence ( 135). The trial court sentenced defendant to four years in state prison. The court also granted defendant 362 days presentence custody credits and imposed a $20 court security fee. On appeal defendant contends that his constitutional rights to due process and a fair trial were violated when he was forced to proceed to trial in prison attire and physical restraints without a showing of a manifest need for such restraints. In a related argument defendant contends that his counsel rendered ineffective assistance by failing to object to the prison attire and physical restraints. Defendant also contends that counsel rendered ineffective assistance by failing to present a meaningful defense and by conceding the elements of the misdemeanor offense. In addition, defendant contends that the trial court improperly imposed a 362-day term for the misdemeanor, that a clerical error was made in the abstract of judgment regarding the ordered court security fee, and that he is entitled to additional presentence custody credits. The Attorney General concedes that a 362 day term for the misdemeanor is unauthorized and that the abstract of judgment must be corrected. We agree with these concessions, but find no other prejudicial error. Defendant has also filed a petition for writ of habeas corpus alleging ineffective assistance of counsel, which Court ordered considered with the appeal. Court have disposed of the petition by separate order filed this date. (See Cal. Rules of Court, rule 8.264(b)(4).)
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