P. v. Le Grand
Defendant Corbett Le Grand was charged by information with one count of sexual penetration of a minor (Pen. Code, 289, subd. (h)) and one count of lewd and lascivious acts on a child under the age of 14 (Pen. Code, 288, subd. (a)).[1] The information alleged a prior sex offense ( 667.51, subd. (a), 667.6, subd. (a)) and strike conviction ( 667, subds. (b)-(i)) as to each count based on defendants 2001 conviction for violation of section 288, subdivision (a), and as to count two also alleged aggravated circumstances based on the prior conviction ( 667.61, subds. (a), (d)). The jury found defendant guilty as charged and found the special allegations true. The trial court sentenced defendant to a prison term of 25 years to life. Defendant contends that the trial court erred in denying his motion for a new trial based on the sole ground that counsel was not reasonably diligent in discovering new evidence.
In a petition for a writ of habeas corpus defendant further argues that he was denied his right to effective assistance of counsel due to counsels failure to investigate and present an alibi defense. We previously ordered the writ to be considered with the appeal. Court have disposed of the habeas petition by separate order.
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