P. v. Tenerelli CA3
A jury convicted defendant Patrick Andrew Tenerelli of contracting without a license in a declared disaster area in violation of Business and Professions Code section 7028.16. The trial court sentenced defendant to two years eight months in state prison.
Defendant now contends (1) the trial court should have instructed the jury that under section 7053, an employee does not need a contractor’s license, and defense counsel was ineffective in failing to object to the instruction actually given and failing to request an instruction on section 7053; (2) the trial court erred in excluding evidence that defendant said he was not a licensed contractor; and (3) the trial court erred in instructing the jury with CALCRIM No. 358 [evidence of defendant’s statements].
Finding no merit in defendant’s contentions, we will affirm the judgment.
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