P. v. Dunn CA4/1
A jury convicted Emanuel Dunn, Jr. of one count of second degree murder (Pen. Code, § 187, subd. (a)) as a lesser crime of a charged first degree murder. In a bifurcated trial, the court found true allegations that Dunn had suffered a prior serious felony (§ 667, subd. (a)(1)) that also constituted a strike (§§ 667, subds. (b)-(i); 1170.12). It sentenced Dunn to a total prison term of 35 years to life, consisting of 30 years to life (15 years to life doubled under the "Three Strikes Law"), plus five years for the prior serious felony. Dunn contends his counsel rendered constitutionally ineffective assistance by failing to explain to the jury the law of accessory liability and argue the evidence showed Dunn may have been, at most, an accessory after-the-fact. He further contends the trial court abused its discretion by denying his posttrial motion to replace his appointed counsel under People v. Marsden (1970) 2 Cal.3d 118 (Marsden), and declining to strike his prior st
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