P. v. Civitillo
Tony Anthony Civitillo appeals from a judgment of conviction of felon in possession of a firearm (Pen. Code, 12021, subd. (a)(1)) following a jury trial.[1] Defendant admitted being a felon based upon two felony convictions[2] and admitted two prison prior enhancement allegations ( 667.5, subd. (b)), which the court subsequently struck pursuant to section 1385. Defendant was sentenced to a total prison term of two years.
On appeal, defendant argues that he was unlawfully convicted of an offense not shown by the evidence adduced at the preliminary hearing. If this contention was not preserved for appellate review because his trial counsel failed to object below, he asserts an ineffective assistance of counsel claim. In addition, defendant raises an instructional error and he challenges the "CJAF" fee imposed by the court.
Court agree that trial counsel rendered ineffective counsel in failing to protect defendant against conviction of an offense not shown by the evidence taken at the preliminary examination. Court reverse.
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