P. v. Witkin
A jury convicted defendant Michael Aaron Witkin of resisting an executive officer by use of force and violence (Pen. Code, 69; undesignated section references are to the Penal Code) and battery on a peace officer, a misdemeanor ( 243, subd. (b)). Sentenced to state prison, defendant appeals. He contends (1) the trial court erroneously denied his motion for a new trial sought on the ground of ineffective assistance of counsel in that he failed to request a continuance and (2) trial counsel rendered ineffective assistance in that he promised in opening statement to introduce certain evidence but failed to do so. Court affirm.
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