P. v. Phillippou
Defendant was convicted by jury trial of aggravated assault by a prisoner (Pen. Code, S 4501), and an allegation that he had personally used a deadly weapon in the assault was found true. He admitted that he had suffered a prior serious felony conviction (Pen. Code, SS 667, subd. (a)(1), 1170.12). The trial court committed defendant to state prison for a term of 13 years. On appeal, defendant contends that reversal is required because he was physically restrained at trial. Court conclude that this contention was forfeited by defendant's trial counsel's failure to object, and defendant has failed to show that his trial counsel's failure to object was prejudicial. Court therefore affirm the judgment.
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