California Court of Appeal

In a prosecution for sex crimes against a minor, the judgment of conviction is affirmed, where: 1) the trial court did not abuse its discretion in denying a motion for mistrial brought because of the unexpected unavailability of the defendant's expert witness to testify at trial; and 2) the defendant was not entitled to reversal based on ineffective assistance of counsel, since even if counsel were deficient in not serving the expert witness with a subpoena to appear at trial, it was not reasonably probable the jury would have had a reasonable doubt about the defendant's guilt.

Appellate Information

• Decided 05/07/2012
• Published 05/07/2012

Judges

• Irion

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Athena Shudde, Gil Gonzalez