P. v. Cumbess
Appellant Mark Frederick Cumbess challenges his burglary and receiving stolen property convictions on the grounds of instructional error, insufficiency of the evidence regarding one burglary count, abuse of discretion in refusing to vacate a prior serious felony conviction finding, and sentence disproportionality. Court conclude the trial court did not commit prejudicial instructional error or abuse its discretion by denying appellants motion to vacate a prior serious felony conviction finding. Substantial evidence supports appellants burglary conviction. Appellant forfeited his disproportionality claim, but defense counsel did not render ineffective assistance by failing to raise the claim in the trial court.
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