P. v. Lewis
An amended information charged defendant Nathaniel Lee Lewis with assaulting Kaleena Robertson with a deadly weapon on or about April 24, 2005, in violation of Penal Code section 245, subdivision (a)(1), and attempting to dissuade Robertson from testifying between January 2 and April 30, 2005, in violation of section 136.1, subdivision (a)(2). A prior strike conviction was also alleged ( 1170.12, subds. (a)-(d)), along with a prior serious felony ( 667, subd. (a)) and a single prior prison term for two prior convictions ( 667.5, subd. (b)). A jury acquitted defendant of the section 245 offense, but found him guilty of the lesser included offense of assault ( 240) and the attempt to dissuade Robertson from testifying. In a bench trial, the court found all prior conviction-related allegations true. Defendant was sentenced to the middle term of two years for the witness intimidation count, plus a consecutive five-year term for the serious felony enhancement. A six-month concurrent term was imposed for the assault.
In his timely appeal, defendant contends defense counsel rendered ineffective assistance of counsel in derogation of the Sixth Amendment by violating the reciprocal discovery obligations and thereby causing the trial court to bar the introduction of a photograph and witness testimony concerning the color of defendants Lexus. As we explain, defendants claim fails because the record is insufficient to establish defendants culpability for the discovery violation and, in any event, the barred evidence was of such marginal impeachment value that we cannot find a reasonable likelihood of prejudice arising out of counsels alleged deficient performance. The judgment is affirmed.
Comments on P. v. Lewis