PEOPLE v. ASSAD

No. C059777.

189 Cal.App.4th 187 (2010)

116 Cal. Rptr. 3d 699

THE PEOPLE, Plaintiff and Respondent, v. LOUI MAHMOUD ASSAD, Defendant and Appellant.

Court of Appeals of California, Third District.

October 15, 2010.


Attorney(s) appearing for the Case

Thea Greenhalgh , under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, David A. Rhodes and Michael Dolida , Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

ROBIE, J.

In this case, we conclude defendant's trial counsel was not ineffective in failing to request a jury instruction that would have directed the jury to consider whether evidence of defendant's cultural background raised a reasonable doubt as to whether defendant had the requisite intent to inflict torture and aggravated mayhem on his son when defendant physically disciplined him. Defendant was not entitled to the jury...

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