P. v. Ortiz
Filed 6/29/06 P. v. Ortiz CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. RAYMUNDO ORTIZ, Defendant and Appellant. | G035222 (Super. Ct. No. 03CF3130) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, William L. Evans, Judge. Reversed.
Christian C. Buckley, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Erika Hiramatsu, Taylor Nguyen and Theodore Cropley, Deputy Attorneys General, for Plaintiff and Respondent.
* * *
Defendant Raymundo Ortiz was convicted of attempted voluntary manslaughter (Pen. Code, § 192, subd. (a); all further statutory references are to this code), a lesser included offense of the charged attempted murder, and aggravated assault (§ 245, subd. (a)); there was a true finding he inflicted great bodily injury on the victim (§§ 12022.7, subd. (a), 667.5). He appeals claiming he received ineffective assistance of counsel based on several acts and omissions. We agree that defendant's lawyer sleeping during the examination of a prosecution witness fell below professional norms and prejudiced defendant, warranting reversal.
FACTS AND PROCEDURAL HISTORY
Defendant rented a room in a house shared with Edgar Lugo and several other people. After Lugo had the television cable repaired, he told defendant he needed to pay for it because he was responsible for the problem. In an aggressive manner and loud voice, defendant said â€
