P. v. Evans CA3
Following a jury trial, defendant Matthew Gray Evans was convicted of petty theft as a lesser included offense of robbery (Pen. Code, § 488) and assault with a deadly weapon (§ 245, subd. (a)(1)). The trial court sentenced defendant to serve a four-year state prison term.
On appeal, defendant contends (1) the trial court’s decision to admit, if he testified, a video of his behavior in the patrol car without also redacting racial slurs violated his rights to testify, present evidence, present a defense, and due process, (2) his trial counsel was ineffective in not asking for a continuance after the late disclosure of the video, and (3) the trial court deprived him of his right to present a defense by prohibiting defense counsel from raising arguments about brandishing during closing argument. Finally, he asserts cumulative error warrants reversal. We conclude the trial court’s decision to conditionally admit the video even without redaction was within its discretion, defen
Comments on P. v. Evans CA3