P. v. Mackey
Filed 4/28/06 P. v. Mackey CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION FIVE
| THE PEOPLE, Plaintiff and Respondent, v. ANDREW MACKEY, Defendant and Appellant. |
A108743
(San Francisco County Super. Ct. No. 190819)
|
Andrew Mackey appeals from a judgment entered after a jury found him guilty of multiple crimes, including attempted murder. He contends he was denied effective assistance of counsel because his trial attorney allegedly: advised him not to testify; inadequately prepared and investigated the case; decided not to pursue a self-defense theory; and told Mackey to hit him in front of the jury in order to obtain a mistrial.
We conclude that Mackey has failed to establish ineffective assistance of counsel, and the judgment will be affirmed.[1]
I. FACTS AND PROCEDURAL HISTORY Mackey was charged by indictment with attempted murder (Pen. Code, §§ 187/664)[2] and assault with a firearm (§ 245, subd. (b)) on both Alford Johnson and Bryant Wilright, along with one count of being a felon in possession of a firearm (§ 12021, subd. (a)(1)). As to the attempted murder counts, it was alleged that Mackey had personally used a firearm (§ 12022.5, subd. (a)(1)), personally and intentionally discharged a firearm within the meaning of section 12022.53, subdivision (d), and, in connection with the attempted murder of Johnson, personally and intentionally discharged a firearm within the meaning of section 12022.53, subdivision (c)). The indictment further alleged that in committing the assaults Mackey personally used a firearm (§ 12022.5, subd. (a)(1)) and, as to the assault on Johnson, inflicted great bodily injury (§ 12022.7). Two prior felony convictions were alleged as well. (§ 667.5, subd. (b).)
Mackey was initially represented by attorney Ira Barg. In January 2004, attorney Randall Knox was appointed in his stead. After a number of continuances, trial was set for Friday, June 18, 2004.
On June 18, attorney Joseph O'Sullivan appeared on Mackey's behalf and was substituted in as counsel of record. O'Sullivan advised the court, â€
