People v. Henderson
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The Court of Appeal affirmed defendant's conviction and sentence for two counts of assault with a semiautomatic firearm (one for each of two victims), one count of possession of a firearm by a felon, and one count of assault by means likely to produce great bodily injury.
The court held that defendant has not shown in this appeal that his trial attorney provided ineffective assistance at trial because the record does not disclose why his lawyer chose not to call the witness or that his attorney's decision was below the standard of care. The court also held that the trial court did not have discretion to impose concurrent sentences on the two convictions for assault with a semiautomatic firearm. The court stated that Proposition 36 eliminated a trial court's discretion to impose concurrent sentences on convictions for multiple serious or violent felonies.
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