P. v. Ogg
A jury convicted defendant Emil Morad Ogg of single counts of attempted murder, corporal injury on a cohabitant, and assault with a deadly weapon, arising from an attack by defendant on his live-in girlfriend, Diana D. (Diana). (Respectively, Pen. Code, 664/187, 273.5, subd. (a), 245, subd. (a)(1).) The jury also sustained allegations of great bodily injury and weapon use. ( 12022.7, subd. (e), 12022, subd. (b)(1).)
Sentenced to 29 years in prison, defendant appeals. He contends the trial court erroneously: (1) excluded expert psychological testimony regarding his mental state; (2) denied a mistrial where the prosecutor insinuated that defense counsel had scripted defendants testimony; (3) refused to appoint conflict counsel to investigate a prior conviction of defendants that was deemed a strike under the Three Strikes law; (4) ordered defendant to pay defense counsel costs; and (5) violated his jury trial and related due process rights by sentencing him to upper terms.
Court affirm the judgment in all respects but one: we reverse the order involving the payment of defense counsel costs. Court also direct the trial court to appoint a nonconflicted counsel in a habeas corpus proceeding regarding the challenged prior conviction.
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