People v. Miles CA3

DISCUSSION

I Trial Counsel Was Not Ineffective For Failing To Object To The Husband’s Testimony Rebutting Defendant’s Claim Of Self-Defense Defendant contends his counsel was ineffective for failing to object to the testimony of the victim’s husband as his testimony should have been presented in the People’s case-in-chief. We disagree. “[P]roper rebuttal evidence . . . is . . . evidence made necessary by the defendant’s case in the sense that he has introduced new evidence or made assertions that were not implicit in his denial of guilt.” (People v. Carter (1957) 48 Cal.2d 737, 753-754.) Here, simply by pleading guilty, defendant did not assert a claim of self-defense. It was only

2 during his case that defendant testified the victim was the initial aggressor. Specifically, defendant testified that the victim called him “ ‘the ‘N’ word,” raised a closed fist toward him, and when he blocked it, she tried to hit him with her other hand. The victim continued coming toward him, so defendant reached for his stick. Undeterred, she called him the “N” word again, made two fists, and “jabbed at [him].” Then defendant hit her in the head with his stick. It was after this testimony and in…