P. v. Vargas-Crispin
Jonathan Vargas-Crispin appeals the judgment following a court trial in which he was convicted of attempted premeditated murder (Pen. Code, 664/187)[1]and first degree burglary ( 459). The court also found true allegations that in committing the attempted murder appellant personally used a deadly weapon (a knife) ( 12022, subd. (b)(1)), and inflicted great bodily injury under circumstances involving domestic violence ( 12022.7, subd. (e)). He was sentenced to a prison term of life with the possibility of parole, plus five years. He contends the prosecution violated Brady v. Maryland (1963) 373 U.S. 83, by failing to disclose preliminary hearing testimony indicating that a knife was found outside the victim's condominium. He alternatively asserts that his trial attorney provided ineffective assistance of counsel by failing to impeach trial testimony that no knife was ever found. Court affirm.
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