P. v. Dinsmore
Defendant was convicted by a jury of assaulting a peace officer with an automatic weapon, resisting arrest, being a felon in possession of a firearm, and possession of methamphetamine. The jury was unable to reach a verdict on a charge of attempted murder of a police officer and that count was dismissed. Defendant appeals, arguing that the trial court erred in denying his motion for a new trial based on the testimony of an additional expert witness that would have bolstered the credibility of his expert who did opine that defendant was not the person who made incriminatory threats recorded by a bystander and played to the jury. Not only could the additional expert testimony have been obtained earlier in the exercise of reasonable diligence, but the recorded statements were relevant primarily to the attempted murder charge and not likely to produce a different result at a new trial on the charges for which defendant was convicted. Defendants remaining contentions, that the trial court erred in allowing the jury to hear the specifics of his prior convictions and in imposing sentence, also lack merit. Therefore court shall affirm.
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