P. v. Treadaway and Logue
Chelsea Marie Logue and Eric William Treadaway appeal from multiple convictions of offenses including residential burglary, residential robbery, attempted murder and assault with a firearm. Logues defense at trial was that she was forced by Treadaway to accompany him before and after the offenses. She contends that the trial court erred in excluding evidence critical to this defense and in denying her motions to sever her trial from Treadaways; that there was insufficient evidence she knowingly aided and abetted the attempted murders and assaults with a firearm; that the trial court erred in admitting other crimes evidence; and that the trial court erred in failing to instruct the jury sua sponte on the defense of accident or misfortune. In a related petition for writ of habeas corpus, Logue contends she was denied effective assistance of counsel by her attorneys failure to obtain a qualified expert witness in time for trial.
Treadaway joins Logues contention regarding the defense of accident or misfortune, and separately argues that the trial court precluded him from presenting a claim of right defense by limiting state of mind evidence to Logue; erred in giving a jury instruction on circumstantial evidence; erred in sentencing him to both an upper term and consecutive terms; and erred in failing to stay enhancements on two counts. Court affirm the judgment. Logues petition for writ of habeas corpus is denied.
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