People v. Barajas

Opinion

SONENSHINE, J.

Defendant Rafael Barajas (Barajas) was convicted of murder (Pen. Code, § 187) 1 and robbery (§ 211). The jury found he personally used a knife in the commission of both offenses (§ 12022, subd. (b)). The sole issue raised on appeal is whether it is error to have permitted the prosecution to place before the jury information which the defense repeatedly warned could not, and which in fact was not, produced. We conclude the prosecution committed prejudicial misconduct which the court should have prevented, and reverse.

I

A brief summary of the facts will suffice. Two males…