O'NEIL

People v. O'NEIL

Good Law
1997 Cal. App. LEXIS 617·56 Cal. App. 4th 1126·66 Cal. Rptr. 2d 72·97 Daily Journal DAR 9901·97 Cal. Daily Op. Serv. 6031
Court of Appeal of CaliforniaJuly 30, 1997H015332California2,717 words

Opinion

Opinion

Cottle, J.

A jury found defendant Timothy Sean O’Neil guilty of carjacking (Pen. Code, § 215, subd. (a)). In a bifurcated proceeding, defendant admitted a prior prison term allegation (§ 667.5, subd. (b)). Defendant was sentenced to 10 years in state prison. On appeal he contends insufficient evidence supports his conviction for carjacking. Defendant also claims trial counsel provided ineffective assistance by failing to make an in limine motion to limit the use of defendant’s prior felony convictions for purposes of impeachment.

I.

Facts

At approximately 6:30 a.m. on October 14, 1995, William Campbell awoke to the sound of his 1993 Ford pickup truck starting outside his home on Bit Road, which is off Route 68 in Monterey County. Campbell had parked his truck in his driveway; the car had been left unlocked with the keys under its mat. Dressed in his underwear, Campbell looked out his window; when he saw a “figure” in the truck and saw the truck begin to move backwards, Campbell ran outside, down the steps, and out to his truck.

By the time Campbell got to his truck, defendant had backed it around so it was facing Bit Road. Campbell pounded .on the driver’s window while trying to…

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