Marshall

—Richard Marshall appeals from a judgment of conviction entered on his plea of guilty to one count of battery with serious bodily harm (Pen. Code, § 243, subd. (d)). He contends that improper sentencing criteria were considered when the upper term was imposed against him. Marshall further contends that the attorney who represented him at sentencing hearings for the section 243, subdivision (d) conviction and for violation of probation acted under a conflict of interest—rendering Marshall’s counsel ineffective. For the reasons set forth below, we conclude the sentences imposed against Marshall should be affirmed.

Facts

On January 14, 1986, Earnest Marshall (defendant’s 81-year-old father) had a fight with his girlfriend. The girlfriend went next door to request assistance. Mr. Ralph Brinker, an acquaintance of the neighbor, escorted the woman to her car. Earnest Marshall confronted Brinker, accused him of making a pass at his girlfriend and struck him three times in the jaw. Brinker responded by striking defendant’s father.

When defendant arrived at his father’s apartment, Earnest described his altercation with Brinker. Defendant sought out and confronted Brinker—…