Tung

A jury convicted defendant and appellant Balwinder Singh Tung of four felonies, including one count of attempted murder, and one misdemeanor. The jury also found various enhancement allegations were true. Appellant was sentenced to a prison term of life plus four years.

Appellant raises three issues here. First, he claims his conviction for attempted murder must be reversed because the trial court erroneously excluded offered expert witness testimony on the relationship between alcoholic intoxication and formation of the specific intent to kill. Second, he contends he received ineffective assistance of trial counsel because his attorney withdrew a potentially meritorious defense by failing to present expert testimony that appellant suffered from an alcohol-induced mental disease or defect. Finally, he argues the trial court erroneously granted the prosecution’s motion to vacate appellant’s plea entered pursuant to a plea agreement which the prosecution claimed was the result of mistake.

We will find no merit in any of appellant’s contentions and will affirm the judgment.

Facts

Discussion

I., II.

III. The Trial Court Did Not Err in Granting the Prosecution Motion to…