P. v. Melo
On July 31, 2010, defendant Estaban Melo was involved in an altercation with the victim in front of a bar in Old Town Temecula. Defendant, along with two other men, punched the victim in his face while he was on the ground. Defendant was convicted of assault with force likely to produce great bodily injury within the meaning of Penal Code section 245, subdivision (a)(1).[1] The jury also found true the allegation that defendant personally inflicted great bodily injury within the meaning of sections 12022.7, subdivision (a) and 1192.7, subdivision (c)(8). He was sentenced to five years’ probation and ordered to serve 180 days in county jail.
Defendant claims on appeal that he received ineffective assistance of trial counsel due to counsel’s failure to properly oppose the People’s motion in limine to exclude postings on a Facebook website by the victim following the altercation.
Comments on P. v. Melo