P. v. Payne
A jury convicted Elijah Ebenezer Payne of one count of grand theft (Pen. Code, 487, subd. (a)). The trial court granted Payne three years of formal probation on condition he serve 120 days in jail. Court conclude Paynes trial counsel was not ineffective for failing to object because the prosecutors description of abiding conviction was not inaccurate. In any event, the failure to object did not cause Payne to suffer prejudice considering the overwhelming evidence of guilt. Court therefore affirm.
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