Asgari

SUMMARY

After a jury trial, appellant Baha Asgari was convicted of murder in the first degree in violation of Penal Code section 187. His first trial had ended in a mistrial after the jury deadlocked.

*109 Subsequent to the jury verdicts, new counsel was substituted in place of appellant’s trial counsel. Appellant then moved for a new trial which was denied. He was sentenced to state prison for a term of 25 years to life with proper credits for time served and good/work time. He appeals from the judgment of conviction.

For the reasons stated below, we reject appellant’s contentions regarding the incompetency of his trial counsel and affirm his judgment of conviction.

Statement of Facts

The victim, Joyce Asgari, and appellant had been married. Their marital relationship had disintegrated and Joyce Asgari was seeking a divorce at the time of her disappearance on November 18, 1980. Joyce Asgari was planning to begin a new relationship with Jim Steele after her divorce.

Appellant was not pleased about Joyce Asgari’s decision to leave him and had been trying to borrow money in order to make her a property settlement. A witness testified at trial that appellant had…