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PEOPLE v. MYERS

Nos. G036169, G037074.

56 Cal.Rptr.3d 27 (2007)

148 Cal.App.4th 546

The PEOPLE, Plaintiff and Respondent, v. Thomas MYERS, Defendant and Appellant. In re Thomas Myers on Habeas Corpus.

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

As Modified March 13, 2007.

Attorney(s) appearing for the Case

David L. Bernstein, under appointment by the Court of Appeal, Studio City, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lise S. Jacobson and Kyle Niki Shaffer, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

IKOLA, J.

A jury found defendant Thomas Myers guilty of resisting an officer and committing a battery on an officer. He raises three meritless contentions.

First, defendant complains his trial counsel provided ineffective assistance by failing to object to evidence of his violent character. We agree that evidence of the officer's purportedly violent conduct before defendant resisted arrest did not open the door for the prosecution to offer...

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