California Court of Appeal

Defendant's battery conviction is affirmed where: 1) counsel was not ineffective for failing to pursue his Pitchess motion, because defendant made it abundantly clear that he wanted the trial to commence as quickly as possible, even if it meant giving up his Pitchess motion; and 2) a violation of Cal. Pen. Code section 4501.5 is a necessarily included offense of a violation of Cal. Pen. Code section 4501.1.3.

Appellate Information

• Decided 08/17/2009
• Published 08/17/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Gretchen Franklin, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, R. Todd Marshall and Raymond L. Brosterhous II, Deputy Attorneys General, for Plaintiff and Respondent.