P. v. Sharma CA1/1
Defendant Nateel Sharma was convicted of attempted murder and assault with a firearm after he shot a friend, Nick D., during a confrontation outside Sharma’s home. Sharma was sentenced to 28 years and six months to life in prison. On appeal, he claims his convictions must be reversed because his trial counsel rendered ineffective assistance by: (1) not pursuing a Batson/Wheeler motion after the prosecutor exercised peremptory challenges against two jurors who were originally from India, one of whom was also a practicing Hindu; (2) asking Nick D. a “racially charged” question on cross-examination; (3) not timely objecting to a deputy sheriff’s placement next to Sharma while he testified and to an instance of alleged prosecutorial misconduct; and (4) failing to argue in closing that Sharma was guilty of attempted voluntary manslaughter based upon a sudden quarrel or heat of passion. We conclude that a sentencing error requires correction but otherwise affirm the judgment.
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