P. v. Phillips CA6
Following his conviction by a jury of second-degree burglary of a vehicle (Pen. Code §§ 459, 460, subd. (b)), defendant Mackey Phillips was sentenced to six years in prison. On appeal, he asserts ineffective assistance of counsel, prosecutorial misconduct, abuse of discretion for the trial court’s denial of his Marsden motion and sentencing error.
Respondent concedes that the court erred in sentencing defendant, and in imposing a restitution fine pursuant to section 1202.45. Following this concession, defendant withdrew all of his remaining claims in his appeal.
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