Maguire

Defendant John Harold Maguire stole someone else’s identity to obtain false identification, which he used to buy a motorcycle and a car, and to apply for and rent two apartments. Defendant pled nolo contendere, resulting in his conviction on one count of perjury (Pen. Code, § 118) and four counts of making a false financial statement (Pen. Code, § 532a, subd. (1)). Defendant was sentenced to a total term of two years eight months in state prison. Defendant has appealed from the judgment and has filed a petition for writ of habeas corpus, which have been consolidated.

In the appeal, defendant contends: (1) the trial court erred in denying his motion to continue; (2) the trial court erred in denying his Marsden motion; and (3) he was denied effective assistance of counsel. In the petition for writ of habeas corpus, defendant contends he was denied effective assistance of counsel.

In his ineffective assistance of counsel argument, defendant contends the following: the two counts of making a false financial statement (Pen. Code, § 532a, subd. (1)) involving renting apartments were legally insufficient; since his counsel did not properly advise him of the legal insufficiency…