P. v. Zato CA1/3
Defendant Meghan Anne Zato appeals a judgment convicting her of assault with a deadly weapon, hit-and-run and driving under the influence, and sentencing her to seven years in prison. She contends (1) the court erred in refusing to instruct the jury on the defense of duress with respect to the assault and hit-and-run charges, (2) her trial counsel provided ineffective assistance by failing to object to the prosecutor’s improper attacks on her character, and (3) the prosecutor committed prejudicial misconduct by disparaging defense counsel and by misstating the relevant legal principles. Defendant also contends that the sentence imposed on the driving under the influence counts must be stayed pursuant to Penal Code section 654. We agree the judgment must be modified to stay the sentence imposed on the driving under the influence counts, but affirm the judgment in all other respects.
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