P. v. Nash
A jury convicted defendant Jarvin ONeal Nash of attempted burglary. (Pen. Code, 459.) The jury also found true that a person was present in the residence during its commission. Defendant was sentenced to 25 years to life under the Three Strikes law for the attempted burglary. On appeal, defendant argues that (1) the trial court erroneously denied defendants Wheeler / Batson motion by failing to inquire into the prosecutors reasons for his peremptory challenges, (2) the trial court abused its discretion by denying defendants Romero[2]motion, and (3) specially appointed counsel failed to file a motion for new trial or a pleading consistent with Wende/Anders[3] requirements. We conclude that the trial court correctly held the defense failed to prove a prima facie case of discrimination. We also conclude that the trial court did not abuse its discretion in denying defendants Romero motion. Finally, we determine that specially appointed counsel did not render ineffective assistance of counsel and we decline defendants invitation to create a requirement that trial counsel file a Wende / Anders type pleading in the trial court. As defendants assignments of error are without merit, Court affirm the judgment.
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