People v. Bowen

Opinion

CARR, J.

Introduction

Convicted of second degree murder with a finding that he personally used a firearm (Pen. Code, §§ 187, 12022.5), defendant was sentenced to 17 years to life in state prison.

On appeal, defendant asserts he was illegally tried by a superior court judge who did not live in the county in which he sat, in violation of Government Code section 69502. In addition, he challenges the admission into evidence of an autopsy photograph and contends the prosecutor committed prejudicial error by commenting on his failure to testify.

Facts *

Discussion

I

Following defendant’s conviction…