P. v. Phillippou

Filed 1/22/07  P. v. Phillippou CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SIXTH APPELLATE DISTRICT

THE PEOPLE,                                                                       H029265

                        Plaintiff and Respondent,                             (Monterey County

                                                                                                 Superior Court

            v.                                                                                 No. SS043238)

HARA PHILLIPPOU,

                        Defendant and Appellant.

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            Defendant was convicted by jury trial of aggravated assault by a prisoner (Pen. Code, § 4501), and an allegation that he had personally used a deadly weapon in the assault was found true.  He admitted that he had suffered a prior serious felony conviction (Pen. Code, §§ 667, subd. (a)(1), 1170.12).  The trial court committed defendant to state prison for a term of 13 years.  On appeal, defendant contends that reversal is required because he was physically restrained at trial.  We conclude that this contention was forfeited by defendant's trial counsel's failure to object, and defendant has failed to show that his trial counsel's failure to object was prejudicial.  We therefore affirm the judgment.

I.  Evidence Presented At Trial

            Defendant was an inmate at Soledad Correctional Training Facility.  At 10:00 a.m. on January 22, 2004, correctional counselor Genita Metcalfe came out of a building and saw defendant and an inmate named Alvarez running â€