People v. Fernandez

Opinion

STONE (S. J.), P. J.

— Here we hold that the trial court did not have to advise the jury of its power to nullify a verdict and that the court correctly instructed that false imprisonment is a general intent crime.

Jose Pablo Fernandez appeals from a judgment following a jury’s convicting him of felony false imprisonment by violence (Pen. Code, 1 §§ 236, 237) and battery with serious bodily injury (§ 243, subd. (d)) of Jose Lucero. He contends that: 1) the trial court erred in failing to instruct the jury of its power to nullify a verdict which resulted in a denial of his Sixth Amendment…