P. v. Ballard
A jury convicted Roberto Antonio Ballard of (1) assault on a child, Angel De Leon, under eight years old resulting in his death in violation of Penal Code section 273ab; and (2) involuntary manslaughter in violation of section 192, subdivision (b). Ballard admitted he had served a prior prison term under section 667.5, subdivision (b). The court sentenced Ballard to a term of 25 years to life on the conviction for the assault resulting in death, plus an additional one-year term for the prior prison term enhancement. The court stayed his sentence for the involuntary manslaughter conviction under section 654. Defendant appeals, claiming the court abused its discretion by allowing him to be shackled in the jury's presence without first showing a manifest need for the restraint. For reasons Court explain, Court conclude Ballard forfeited this claim and Court decline to address its merits on appeal.
Comments on P. v. Ballard