P. v. Tincher
A jury convicted defendant Kenneth Harvey Tincher of receiving stolen property, i.e., license plates (Pen. Code, 496, subd. (a); undesignated section references are to the Penal Code). In bifurcated proceedings, the trial court found two strike priors ( 667, subds. (b)-(i)) and three prior prison term allegations ( 667.5, subd. (b)) to be true.
Sentenced to state prison for an indeterminate term of 25 years to life and a consecutive determinate term of three years, defendant appeals, contending (1) the evidence supports two, not three, prior prison terms and (2) counsel rendered ineffective assistance in failing to object to certain testimony. The Attorney General concedes that the evidence supports two, not three, prior prison terms. Court agree and will reverse the trial courts finding on the third prior prison term allegation. Court conclude that defendant has failed to demonstrate ineffective assistance of counsel and otherwise affirm the judgment.
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