P. v. Browning
Based on evidence relating to work orders that had disappeared or had been altered during his employment, a jury found defendant David J. Browning guilty of one count of embezzling from his former employer and the court sentenced him to two years in state prison. On appeal, defendant contends: (1) the trial court erred in admitting irrelevant evidence of 68 missing work orders; (2) his trial counsel was ineffective in failing to object to the evidence of the missing work orders under Evidence Code section 1101 and on due process grounds; (3) his trial counsel was ineffective in failing to request a limiting instruction regarding the evidence of the missing work orders and in failing to argue to the jury that that evidence of the missing work orders was not linked to defendant; and (4) the trial court erred by failing to instruct the jury with CALJIC No. 4.72. Finding no error and no ineffective assistance of counsel, Court affirm the judgment.
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