Defendant's battery conviction is affirmed where: 1) counsel was not ineffective for failing to pursue his Pitchess motion, because defendant made it abundantly clear that he wanted the trial to commence as quickly as possible, even if it meant giving up his Pitchess motion; and 2) a violation of Cal. Pen. Code section 4501.5 is a necessarily included offense of a violation of Cal. Pen. Code section 4501.1.3.
Filed August 17, 2009
Opinion by Judge Cornell
Michael P. Farrell, Assistant Attorney General, Los Angeles, CA
R. Todd Marshall, Deputy Attorney General,Los Angeles, CA