People v. Saddler

*675Opinion

MANUEL, J.

— Defendant Winfred Saddler appeals from a judgment entered on a jury verdict finding him guilty of robbery in the first degree (Pen. Code, § 211).1 He contends that the trial court committed prejudicial error in instructing the jury that it could draw adverse inferences from his failure to explain or deny evidence against him. We hold that the instruction complained of (CALJIC No. 2.62) suffers no constitutional or other infirmity, but was improperly given for lack of evidentiary support. We conclude that the error was not prejudicial.

Since the instruction at issue provides…