P. v. Clyde CA3
A jury convicted defendant Timothy Scott Clyde of assault by means of force likely to produce great bodily injury, causing injury to an elder adult with force likely to cause great bodily injury, and attempting to dissuade a witness. The trial court sentenced him to 13 years in prison.
Defendant now contends (1) he was denied due process and the right to counsel of his choosing when the trial court said defendant’s newly retained counsel would have to comply with the existing trial schedule; (2) he received ineffective assistance of counsel because his attorneys did not request a continuance; (3) the trial court should have stayed his four-year sentence for attempting to dissuade a witness; and (4) the trial court erred by imposing an enhancement pursuant to Penal Code section 1170.15 rather than section 1170.1. In addition, the Attorney General claims (5) the trial court imposed an unauthorized sentence by staying rather than striking one of the prior prison term enhancements.
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