People v. Herrera

*254Judge ROY

specially concurring.

I concur in the majority's result and rationale with respect to unitary trials. I write separately to express a concern about the conflict between a unitary trial and a defendant's right against self-inerimination. The linchpin of the majority opinion is the presumption that juries follow the trial court's limiting instructions. While I repose considerable confidence in juries, I am concerned that the protection of fundamental constitutional rights is ultimately entrusted to juries whose conduct with respect to those rights is not subject to reasonable challenge…