P. v. Phillips
A jury convicted defendant Leland Lamont Phillips of two counts of forcible rape committed against one child (Pen. Code, 261, subd. (a)(2); unspecified section references that follow are to the Penal Code) and three counts of aggravated sexual assault on another child under the age of 14 ( 269, subd. (a)(3)). The trial court found a prior rape conviction to be true and sentenced defendant to an aggregate prison term of 25 years plus 250 years to life. On appeal, defendant asserts that (1) his right to speedy trial was violated, (2) the court erred in denying his Faretta motion for self-representation (Faretta v. California (1975) 422 U.S. 806 [45 L.Ed.2d 562]), (3) ineffective assistance of counsel compels reversal, (4) CALCRIM No. 318 unconstitutionally shifted the burden of proof to defendant, (5) CALCRIM No. 1191 violated defendants right to due process, and (6) the court erred in denying his request for continuance to file a motion for new trial. None of these claims has merit, and we therefore affirm the judgment.
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