P. v. Marchbanks
A jury convicted defendant Homer Alvin Marchbanks, Jr. of receiving a stolen vehicle and vandalism. (Pen. Code, 496d, subd. (a), 594, subd. (a).) In his first appeal, we held that the trial court abused its discretion by denying defendants request for new counsel to file a motion for new trial. Court remanded the matter with directions to appoint independent counsel for the purpose of filing a new trial motion. (People v. Marchbanks (Sept. 9, 2005, A107811) [nonpub. opn.].) Independent counsel filed the motion, which the trial court denied. Defendant now contends he is entitled to a new trial because his trial counsel was ineffective and the prosecutor committed misconduct. Court disagree and affirm.
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