P. v. Kirk
Filed 5/11/06 P. v. Kirk 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. JOHN MICHAEL KIRK, Defendant and Appellant. | C048321
(Super. Ct. No. 04F05952)
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On the eve of defendant John Michael Kirk's jury trial for unlawful taking or driving of a vehicle and possession of a stolen vehicle, the prosecutor produced notes of sale that defendant allegedly fabricated to prove he was a bona fide purchaser of the vehicle. Defense counsel unsuccessfully moved to dismiss the action based on the late disclosure. On appeal, defendant argues defense counsel provided constitutionally ineffective representation because he did not request a lesser sanction than dismissal. For the reasons stated below, we conclude that defendant has not demonstrated that his trial counsel was ineffective or that he suffered prejudice. Accordingly, we shall affirm.
FACTS
A police officer responding to a complaint of a truck blocking an alleyway at 3:00 a.m. on the morning of July 3, 2004, saw defendant standing about 10 to 15 feet from the truck. Defendant asked the officer what was wrong. When the officer told him of the complaint, defendant responded, â€
