People v. Oliver

Opinion

AULT, J.

The People appeal from the trial court’s order granting defendant Joseph Francis Oliver a new trial after a jury convicted him of first degree robbery (Pen. Code, § 211) and found he used a firearm in the commission of the offense (Pen. Code, § 12022.5). We affirm the order because an improper, erroneous and prejudicial comment by the trial judge in the course of jury instructions deprived Oliver of a fair trial, and because the evidence supports the ruling.

The case comes to us in an unusual context. It is not necessary to discuss the evidence in detail. It is sufficient to…