P. v. Andrade
On December 23, 2004, the Madera County District Attorney filed an information in superior court charging appellant as follows: count I--evading a peace officer while in a motor vehicle (Veh. Code, S 2800.2, subd. (a)); count II--possession of a weapon, i.e., a billy (Pen. Code, S 12020, subd. (a)(1)); count III--resisting arrest by force or violence (Pen. Code, S 69); and count IV--assault with a deadly weapon or by force likely to cause great bodily injury on a peace officer (Pen. Code, S 245, subd. (c)). The district attorney specially alleged two prior strike convictions (Pen. Code, S 667, subds. (b)-(i)), a prior serious felony conviction (Pen. Code, S 667, subd. (a)) (based upon count IV alleging a specified serious felony), and three prior prison terms (Pen. Code, S 667.5, subd. (b)). Appellant contends defense counsel's failure to object to the prosecutor's question regarding his subjective intent and the prosecutor's statement at argument deprived him of his constitutional rights to the effective assistance of counsel and to a fair trial. He further contends the claim may be raised on direct appeal because "there is no possible legitimate tactical reason for counsel's failure to have objected."
The trial court is directed to prepare and distribute as appropriate an amended abstract of judgment reflecting the specified modifications of judgment.
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