MacK

People v. MacK

Good Law
1995 Cal. App. LEXIS 979·38 Cal. App. 4th 1484·45 Cal. Rptr. 2d 614·95 Daily Journal DAR 13389·95 Cal. Daily Op. Serv. 7871
Court of Appeal of CaliforniaOctober 3, 1995B084933California1,283 words

Opinion

Opinion

Boren, J.

Appellant, Timothy Jerome Mack, shot at two uniformed sheriff’s deputies. He was convicted by a jury of two counts of attempted murder with the personal use of a firearm (Pen. Code, §§ 664/187, subd. (a), 12022.5, subd. (a)) , two counts of assault with a firearm upon a peace officer, with the personal use of a firearm (§§ 245, subd. (d)(1), 12022.5, subd. (a)), and one count of possession of a firearm with the prior serious felony conviction of robbery (§§ 12021.1, 667, subd. (a)). Appellant admitted three prior serious felony (robbery) convictions. (§ 667, subd. (a).) He was sentenced to a total determinate term of twenty-eight years and eight months, plus two consecutive indeterminate life terms.

Facts*

Discussion

I.-VIL*

VIII. The Trial Court’s Failure to Inquire Into Appellant’s Allegations Concerning Trial Counsel’s Performance

Prior to appellant’s voluntarily deciding to absent himself from the sentencing and probation revocation proceedings, trial counsel indicated to the court that appellant wanted to file a motion and wanted “to be heard.” The court replied that appellant had an attorney of record present to whom he should talk and who would then speak on…

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