PEOPLE v. STEWART

Docket No. G004612.

202 Cal.App.3d 759 (1988)

248 Cal. Rptr. 907

THE PEOPLE, Plaintiff and Appellant, v. JAMES HARMON STEWART, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

June 30, 1988.


Attorney(s) appearing for the Case

COUNSEL

Cecil Hicks, District Attorney, Maurice L. Evans, Assistant District Attorney, Brent F. Romney and Kathleen M. Kendle, Deputy District Attorneys, for Plaintiff and Appellant.

Glenn K. Osajima for Defendant and Respondent.


OPINION

SCOVILLE, P.J.

The People appeal an order granting James Stewart's second new trial motion after the jury convicted him of sexually molesting his daughter. The order was based on three grounds, including inadequate assistance of counsel. Ordinarily, a trial court may not entertain a second new trial motion. In this case, however, we conclude a second motion on the ground of inadequacy of counsel was permitted. We reverse and...

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