P. v. Vance
Filed 5/2/06 P. v. Vance CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Lassen)
----
| THE PEOPLE, Plaintiff and Respondent, v. WILLIAM HOWARD VANCE, Defendant and Appellant. | C049880
(Super. Ct. No. CR021291)
|
After hearing evidence 74-year-old defendant William Howard Vance shot a friend in the leg in a dispute over a truck starter, a jury found him guilty of assault with a firearm, and found true the enhancement allegation he personally used the firearm. (Pen. Code, §§ 245, subd. (a)(2), 12022.5.)[1] The trial court imposed an aggregate prison sentence of five years.
On appeal, defendant contends the trial court abused its discretion in denying probation, and asserts he received ineffective assistance of counsel because his attorney failed to argue at sentencing that defendant is eligible for probation because his case is â€
