P. v. Heath
Appellant Stanley Lebron Heath (Heath) was convicted on two counts of assault on a peace officer with a semiautomatic firearm (Pen. Code, 245, subd. (d)(2));[1]one count of carrying a concealed firearm ( 12025, subd. (a)(2)); three counts of second degree robbery ( 211); one count of making a criminal threat ( 211); and one count of false imprisonment ( 236). He was sentenced to 27 years in state prison. On appeal, Heath advances the following contentions: (1) the trial court erred when it denied his motion for the appointment of substitute counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden); (2) there was insufficient evidence to convict him for assault on a police officer with a semiautomatic weapon; and (3) he was prejudiced when the trial court failed to instruct the jury on a lesser included offense of assault on a nonpeace officer with a semiautomatic weapon. Court affirm.
Comments on P. v. Heath