California Court of Appeal

Conviction for assault with a deadly weapon is affirmed where, even if the trial court erred by denying defendant's motion for a pretrial lineup, defendant is still not entitled to reversal of his conviction as a defendant's right to relief is waived if he does not challenge an adverse ruling by a timely pretrial petition for a peremptory writ, and any alleged error was harmless beyond a reasonable doubt. Defendant's probation conditions are modified as to not violate due process.

Appellate Information

• Decided 05/19/2009
• Published 05/19/2009

Judges

• McDONALD, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• John P. Dwyer, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Barry Carlton and Susan Miller, Deputy Attorneys General, for Plaintiff and Respondent.