Sehmbey

Sehmbey v. Superior Court CA5

Good Law
Court of Appeal of CaliforniaMarch 3, 2022F079755California10,347 words

Opinion

Opinion

BACKGROUND

Nirmal Sehmbey (defendant) was convicted by a jury of conspiracy to commit robbery (§§ 182, subd. (a)(1), 212.5, subd. (c); count 1) and conspiracy to commit assault with a deadly weapon or by means of force likely to produce great bodily injury (§§ 182, subd. (a)(1), 245, former subd. (a)(1); count 2). He was acquitted of making criminal threats. (§ 422; count 3.) Defendant was sentenced to a total unstayed term of three years in prison and ordered to pay restitution and various fees, fines, and assessments. In an opinion issued on direct appeal, this court struck defendant’s conviction on count 2 (conspiracy) and otherwise affirmed the judgment.2 Defendant subsequently sought postconviction relief in the superior court, which was denied. Defendant appeals, claiming the court erred in denying postconviction we relief. We affirm.

I. Trial Evidence3

As of February 2011, Dr. Ravinderjit Singh and her husband, Manjit Singh, had been attending temple at the Sikh Temple on P Street in Bakersfield for a number of years.4 Manjit acted as a secretary of the temple, a volunteer position that was one of respect. When the couple married in 2003, however, many in…

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