P. v. Helton
A jury found defendant Arnett Helton guilty of first degree burglary (Pen. Code, 459), and guilty of attempting to murder Amber Evans ( 664, subd. (a), 187, subd. (a)). He was sentenced to 32 years to life in prison. Helton makes six arguments on appeal: (1) the trial court responded improperly to the jurys request for a definition of intent; (2) the trial court erred by refusing to instruct the jury on trespass; (3) the trial court erred by instructing the jury with CALCRIM No. 372 regarding a defendants flight; (4) defense counsel provided ineffective assistance by misleading the jury during his opening statement; (5) the cumulative prejudicial effect of these errors deprived Helton of his federal due process right to a fair trial; and (6) under Cunningham v. California (2007) 549 U.S. 270 (Cunningham), the trial courts imposition of an upper term sentence on the attempted murder count violated Heltons federal constitutional rights. Court conclude that the trial court did not err in any of the respects asserted by Helton and further that his trial counsel did not provide him with ineffective assistance. Consequently, Court affirm the judgment.
Comments on P. v. Helton