Crowell

Clint Lee Crowell appeals the judgment convicting him on count 1 of assault with a deadly weapon, inflicting great bodily injury (Pen. Code, § 12022.7) and using a knife (§ 12022, subd. (b)), on count 2 of attempted murder, inflicting great bodily injury and using a knife, and on count 3 of possessing a sawed-off shotgun.

Crowell barrages us with numerous arguments most of which involve the alleged incompetence of his counsel. Two of his other arguments require extensive discussion.

The first concerns the jury instructions on the charge of attempted murder. We decide the court prejudicially erred by instructing the jury on implied malice contrary to People v. Murtishaw (1981) 29 Cal.3d 733 [ 175 Cal.Rptr. 738 , 631 P.2d 446 ] and People v. Lee (1987) 43 Cal.3d 666 [ 238 Cal.Rptr. 406 , 738 P.2d 752 ] and reverse his conviction on count 2.

The second deals with the court’s failure to record the jury verdict of guilty on the charge of assault with a deadly weapon when the verdict was received on October 17, 1983, postponing entry of the verdict until immediately before Crowell was sentenced on February 28, 1984. We conclude the delay between receiving the verdict and its…