P. v. Reynolds CA1/1
Defendant Charles Reynolds was convicted of assault with force likely to produce great bodily injury after he killed Kenneth Fisher by punching him. The jury also found true an enhancement allegation that Reynolds personally inflicted great bodily injury. On appeal, Reynolds claims that his trial counsel rendered ineffective assistance by not objecting when the trial court remarked that it could use the jury’s finding that Reynolds inflicted great bodily injury as an aggravating factor to impose the upper term for the assault conviction. Although the remark reflected a misunderstanding of the law, it had no impact on the proceedings because the court ultimately did not impose the upper term for that conviction. Reynolds’s counsel was not ineffective by failing to object to an inconsequential sentencing remark. Accordingly, we affirm.
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