People v. Mask

Opinion

ACKLEY, J. *

Defendant Robert Mask was convicted of a single count of residential burglary. (Pen. Code, § 459.) He was given a suspended sentence and placed on five years probation. In this appeal, defendant contends the judgment should be reversed because the trial court erred when it instructed the jury they could draw adverse inferences from his failure to explain or deny prosecution evidence (CALJIC No. 2.62), when it gave an instruction that evidence of defendant’s flight could be used to show his guilt (CALJIC No. 2.52) and when it failed to instruct the jury they must decide the…