P. v. Boyce
A jury convicted defendant Donnell Boyce of second degree robbery, grossly negligent discharge of a firearm, possession of a firearm by a convicted felon, and assault with a semiautomatic firearm. The trial court denied defendant’s motion for a new trial and sentenced him to 41 years in prison.
Defendant contends (1) the trial court erred in denying his request to instruct the jury with CALCRIM No. 306 [untimely disclosure of evidence], and (2) his trial counsel rendered ineffective assistance in connection with the motion for a new trial.
We conclude (1) the trial court did not err in declining to instruct the jury regarding the prosecutor’s late disclosure of a gunshot residue report because the report was disclosed a week before trial, the trial court offered to continue the trial, and the late disclosure had no effect on the trial; and (2) defendant’s claim of ineffective assistance lacks merit because he has failed to show prejudice.
We will affirm the judgment.
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