Cocotis v. Clancy
Appellant Gregory S. Cocotis pleaded no contest to assaulting his wife. (Pen. Code, 242.) Persons convicted of misdemeanor assault are prohibited from possessing firearms within 10 years of the conviction. (Pen. Code, 12021, subd. (c)(1).) Appellant Cocotis, in propria persona, contends that his attorneys, defendants Patrick Clancy and Bruce Laning, failed to advise him of this firearm restriction and is suing them for legal malpractice. The trial court entered judgment for defendants following a demurrer and motion for judgment on the pleadings. We affirm the judgment. A convicted criminal cannot sue his attorneys for malpractice where, as here, he has not shown he was innocent of the criminal offense.
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