People v. Vargas

Opinion

BURKE, J.

Defendant appeals from a conviction of robbery (Pen. Code, § 211) following trial by jury. He asserts that prejudicial error occurred at trial, namely, two separate violations of the rule which forbids any adverse comment upon the exercise of his right to .remain silent at trial. (See Griffin v. California, 380 U.S. 609 [14 L.Ed.2d 106, 85 S.Ct. 1229].) We have concluded that although Griffin error occurred, that error was harmless beyond all reasonable doubt, in view of the relatively minor nature of the error and the overwhelming evidence of defendant’s guilt. Accordingly,…