P. v. Phillips
Consolidated appeal from a judgment of the Superior Court of San Diego County, Melinda J. Lasater, Judge, and petition for writ of habeas corpus. Judgment affirmed; petition denied.
Lanika Phillips was convicted of first degree murder of Penny Powell under alternate theories of premeditation or murder by torture. In her habeas corpus petition, Phillips contends she was provided ineffective assistance of counsel because defense counsel did not present expert testimony concerning her mental illness to negate the mental state required for first degree murder. We stayed the appeal, issued an order to show cause, and appointed the trial judge to act as referee and hold an evidentiary hearing. Having reviewed the evidentiary record, we reject Phillips's claim of ineffective assistance of counsel. In her appeal, Phillips asserts (1) the trial court abused its discretion in admitting evidence of an assault she committed several months before the homicide, and (2) there was insufficient evidence to support the jury's finding of first degree murder. We hold the trial court did not err in admitting the evidence of the prior assault and the record supports the first degree murder verdict.
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