People v. Bates CA1/5

Filed 11/21/22 P. v. Bates CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent,

A163788

v. FRED ANDRE BATES, (Alameda County Super. Ct. No. 19CR016277) Defendant and Appellant.

A jury convicted defendant and appellant Fred Andre Bates (Appellant) of attempted murder, assault with a firearm, and other charges. The trial court sentenced Appellant to seven years plus 25 years to life in state prison. On appeal, Appellant contends he received ineffective assistance of counsel (IAC), but the record is inadequate for this court to resolve his claims,1 with the exception of his claim based on trial counsel’s failure to request that the trial court exercise its discretion to strike or reduce the 25-year Penal…