People v. Marshall

Opinion

TODD, J.

—Richard Marshall appeals from a judgment of conviction entered on his plea of guilty to one count of battery with serious bodily harm (Pen. Code, 1 § 243, subd. (d)). He contends that improper sentencing criteria were considered when the upper term was imposed against him. Marshall further contends that the attorney who represented him at sentencing hearings for the section 243, subdivision (d) conviction and for violation of probation acted under a conflict of interest—rendering Marshall’s counsel ineffective. For the reasons set forth below, we conclude the sentences imposed…