P.

P. v. Kennedy CA2/3

Good Law
Court of Appeal of CaliforniaApril 24, 2013B243878California8,807 words

Opinion

Opinion

Aldrich, J.

INTRODUCTION

A jury found defendant and appellant Crystal Kennedy guilty of aggravated mayhem. She filed an appeal and a petition for writ of habeas corpus.1 In her appeal, Kennedy contends that character evidence was improperly admitted; that the jury was misinstructed on the law of aggravated mayhem; and that the prosecutor committed misconduct by commenting on her Sixth Amendment right to counsel. In the habeas petition, she claims that her trial counsel was ineffective because he failed to call certain witnesses and failed to object to evidence and statements made by the trial court and the prosecutor. Although the judgment must be modified to correct a sentencing error, we reject all other contentions, deny the petition, and affirm the judgment as modified.

FACTUAL AND PROCEDURAL BACKGROUND

I. Factual background.

A. Prosecution case. On March 7, 2010, Leontinae Layton spent the night with Terry Williams at a house belonging to Kennedy’s brother, Aaron Owens. In the morning, Owens woke Layton and Williams. Layton began dressing, and Owens told her to hurry. Layton got her bag and shoes, but Owens and Williams continued to urge her to go. Owens led Layton out the…

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