P. v. Soderstrom
Defendant appeals from the judgment sending him to prison for a total of 12 years after a jury found him guilty of attempted voluntary manslaughter, attempted first degree robbery, assault with a firearm and residential burglary. (See Pen. Code, 192, 211, 213, 245, subd. (b), 459, 664.) All of these counts were enhanced because he personally used a firearm in the commission of the offenses. (See 12022.5, subd. (a), 12022.53, subd. (b).) The jury acquitted him of attempted murder and four counts of attempted robbery; and one count of making a criminal threat was dismissed before any evidence was presented to the jury.
He alleges in the petition that the prosecutor committed misconduct in a variety of ways: (1) by failing to disclose prosecution witnesses criminal records and a tape of a police interview of a prosecution witness; (2) by suppressing exculpatory evidence at the preliminary hearing; (3) by presenting and relying on allegedly false testimony; (4) by relying and presenting a case alleged by him to have been ineptly investigated; and (5) by making improper comments in its argument. Soderstrom also attacks his trial counsels representation, contending the attorney ineffectively represented him by failing to fully cross-examine multiple prosecution witnesses, to investigate potentially helpful information in cross-examining prosecution witnesses, to voir dire the jury panel as to possible racial bias or animus, and to investigate or develop a mental defense to the charges or his incompetency to stand trial. He also contends trial counsel rendered ineffective assistance by forcing him to testify even though Soderstrom had told him he desired to remain silent. He then attempts to attack the trial courts rulings regarding three instructions (see CALJIC Nos. 2.71, 2.72, 9.40) and its evidentiary ruling that the prosecution could present a firearm demonstration. After fully reviewing all materials, including his motion to augment the record which Court deny, Court deny the writ.
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