Llamas

Appellant Frankie Llamas was found guilty of possession of a controlled substance while armed with a firearm, vehicle taking, receiving stolen property, possession of a firearm by a felon and possession of a controlled substance. He appeals, arguing insufficient evidence of auto taking, receiving stolen property and possession of a firearm by a felon, error in the preclusion of a defense witness, in the denial of his Marsden motion and in the response given to a jury question. He further claims prosecutorial misconduct and ineffective assistance of counsel. Appellant filed a companion petition for writ of habeas corpus, claiming ineffective assistance which we consider with the appeal.

Facts

A. Prosecution Case

In late January 1995, Irma Llamas and her husband, appellant, argued over his taking her 1994 gray Nissan. Appellant took the car without permission and Irma filed a stolen vehicle report.

In the early morning hours of February 1, 1995, Officer Michael Walden drove to Tamarindo Way in Chula Vista in response to the report of a possible auto theft in progress. At the location, Walden stopped, got out of his vehicle and approached a gray Nissan parked on the…