P. v. Magnani CA5
At the conclusion of a jury trial on March 17, 2016, defendant Christopher Andrew Magnani was convicted of one count of continuous sexual abuse of a minor under 14 years of age (Pen. Code, § 288.5, subd. (a)). Defendant filed a motion for new trial on the ground he had newly discovered evidence. The trial court denied the motion on August 16, 2016. On September 6, 2016, the trial court sentenced defendant to prison for a term of six years, with 224 days of custody credits.
On appeal, defendant contends the trial court erred in denying his motion for a new trial because of newly discovered evidence. Defendant further contends his counsel was ineffective, the trial court improperly placed the burden on defendant to show his counsel was ineffective, and the trial court’s finding that defendant suffered no prejudice due to his counsel’s alleged substandard representation was unreasonable. We affirm the judgment.
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