P. v. Merck CA4/1
Defendant Russell Joseph Merck appeals the sentence imposed on him by the trial court related to a crime spree in which he committed multiple home burglaries. The criminal proceedings against Merck were twice suspended after Merck was determined to be mentally incompetent to stand trial. Upon reinstatement of the proceedings, Merck was convicted of multiple offenses, and he admitted having suffered prior convictions, including a prior strike conviction.
On appeal, Merck contends that his trial counsel rendered ineffective assistance by failing to present to the court the results of recent mental health evaluations of Merck, and providing insufficient information regarding Merck's mental health history and his impaired mental condition at the time he committed the offenses, in support of Merck's Romero motion.
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