People v. Duckett

Opinion

WHITE, P. J.

Appellant Otis Duckett was convicted by a jury of first degree murder; the jury also found that he was sane when he committed the offense. He contends: (1) the jury’s finding of sanity is unsupported by substantial evidence; (2) the prosecutor committed prejudicial misconduct during the sanity phase of the trial; and (3) the trial court erred when it refused to instruct with CALJIC Nos. 3.35 and 8.78 during the guilt phase of his trial. For the reasons set forth below, we reverse and remand the judgment finding appellant sane but, in all other respects, affirm.

I

In 1974,…