People v. Mundell CA3

Filed 9/21/16 P. v. Mundell CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C075768

Plaintiff and Respondent, (Super. Ct. No. 12F01017)

v.

DAVID CHRISTOPHER MUNDELL,

Defendant and Appellant.

Sentenced to state prison after violating probation, defendant David Christopher Mundell contends (1) no substantial evidence supported the trial court’s finding that he willfully failed to participate in counseling and (2) trial counsel was ineffective in failing to seek writ review after his motion to disqualify the trial judge was denied. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In February 2012, a felony complaint charged defendant with three counts of lewd and lascivious acts with…