P. v. Lomas
Following a jury trial, defendant was convicted of six counts of assault with a firearm on a peace officer. The jury also found true the allegation that Defendant personally used a semiautomatic rifle and personally and intentionally discharged the same. Defendant also admitted that he committed count 6 while released from custody on a pending felony charge within the meaning of Penal Code section 12022.1. As a result, the trial court sentenced Defendant to a total term of 36 years 8 months in state prison and ordered him to pay $4,000 in restitution.
Defendant appeals, arguing that the lack of direct evidence proving defendant shot at the peace officers demonstrates the evidence of his guilt is insufficient as a matter of law to sustain his convictions. Additionally, defendant argues that his trial attorney rendered ineffective assistance of counsel due to (a) her failure to file a pretrial motion to dismiss and/or a motion to suppress based on defendant’s Fourth Amendment right to be free from an unreasonable search and seizure, and (b) her failure to impeach key state witnesses. Court disagreed and affirmed.
Comments on P. v. Lomas