Bryden

Defendants Jeffrey Payton Bryden (Bryden) and Joaquin Leon Padin (Padin) appeal from a judgment following their conviction of second degree murder. Defendants were jointly tried for the murder of Brian Friberg (Friberg). The published portion of this appeal pertains to Padin’s challenges to his conviction, and the unpublished portion involves Bryden’s appeal. Defendants raise various challenges to their conviction and Padin argues in his petition for habeas corpus relief that he had ineffective trial counsel. We are not persuaded by any of defendants’ arguments.

Background

An information filed on October 26, 1994, charged defendants with the murder of Friberg (Pen. Code, § 187) with a deadly and dangerous weapon (id., § 12022, subd. (b)). The information also alleged that Padin had two prior serious felony convictions (id., §§ 667, subd. (a), 1192.7, subd. (c)) and Bryden had four prior prison terms (id., § 667.5, subd. (b)).

Defendants pleaded not guilty on October 27, 1994. Both defendants moved to sever their trial, and the court denied their motions.

On September 13, 1995, after a 13-day jury trial, the court declared a mistrial when the jury was unable to reach a…