P. v. Ortiz
Claudio Domingo Ortz attacked his stepson Max Caldern with a rake, breaking the handle over his head and gouging his back with the metal teeth, and clawed his face with his nails. A jury found him guilty of assault with a deadly weapon. ( 245, subd. (a)(1). ) The court sentenced him to the three-year midterm. On appeal, he argues that he was prejudiced by (1) exclusion of evidence of a 17 year old incident of violence by Caldern, (2) prosecutorial misconduct, (3) denial of his motion for a mistrial, (4) ineffective assistance of counsel, (5) cumulative error, (6) lack of a diagnostic report before sentencing, and (7) denial of probation. Court affirm the judgment.
Comments on P. v. Ortiz