P. v. Verdugo CA5 2/2
On appeal, defendant claims that the prosecutor misstated the law during closing argument with respect to the issue of deliberation, trial counsel’s failure to object to the misstatement constituted ineffective assistance of counsel, the trial court erred in its instruction to the jury on voluntary intoxication and, cumulatively, the errors violated his rights. Defendant also claims, pursuant to the postsentencing decision in People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas), that he is entitled to relief from the fines and assessments imposed until and unless the People demonstrate he has the ability to pay. Finally, defendant requests correction of a clerical error in the minute order from the sentencing hearing.
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