People v. Forrester
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
PUGLIA, P. J.
In a joint trial with codefendant Mark Regó, a jury convicted defendant of second degree burglary (Pen. Code, §§ 459, 460) and failure to appear (Pen. Code, § 1320, subd. (b)). Defendant was sentenced to state prison for the two-year middle term for burglary, plus eight months consecutive for failure to appear.
On appeal, defendant contends that an instruction to the jury in terms of the presumption contained in Penal Code section 1320, subdivision (b) unconstitutionally subverts the presumption of innocence and invades the province of the jury. The court instructed that…
2Cases cited7 opinions
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- Francis v. FranklinSupreme Court of the United States · 1985
- Carella v. CaliforniaSupreme Court of the United States · 1989
- Connecticut v. JohnsonSupreme Court of the United States · 1983
- People v. RoderCalifornia Supreme Court · 1983
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3Cited by9 opinions
- Michael Jerome Powell v. George M. Galaza, WardenCourt of Appeals for the Ninth Circuit · 2003
- People v. WilliamsCalifornia Court of Appeal · 2005
- People v. Taylor, California Court of Appeal, 5th District2018
- Michael Jerome Powell v. George M. Galaza, WardenCourt of Appeals for the Ninth Circuit · 2002
- People v. Lopez CA1/3California Court of Appeal · 2020
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