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People v. Trevathan2/4/2002
cted reasonably by trying to make a citizen's arrest. Trial counsel could have competently concluded the tape could have undercut this defense by showing Hoffman as a hostile and violent man with an animus toward Foster, while providing little or no aid to Trevathan. First, by the time Hoffman made his 911 call the maiming attack had already occurred; any restraining commands were therefore of minimal probative value to whether Trevathan had commanded the dog to attack minutes earlier. Moreover, neither Trevathan's trial counsel nor the trial court were convinced that the person in the background heard saying " o, no, no" was in fact Trevathan; the transcript is equally amenable to a reading that it was Turner who made the statement as a warning that they should not further attack Foster.
DISPOSITION
The judgment is affirmed.
WE CONCUR:
McINTYRE, J.
McCONNELL, J.
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