P. v. McCardell CA2/7
This is Donald Ray McCardell’s second appeal following a jury conviction for assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)). In his first appeal we reversed the judgment and remanded with directions for the trial court to grant a post-verdict motion by McCardell to represent himself and to allow him to file a motion for a new trial. (People v. McCardell (Aug. 24, 2015, B255006) [nonpub. opn.] 2015 WL 5004879.) McCardell filed that motion, arguing that his attorney provided ineffective assistance and that the prosecutor committed misconduct. The trial court denied the motion, and McCardell appealed again. Because the trial court did not err in denying McCardell’s motion for a new trial, we affirm.
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