State v. Lara

OPINION

WOOD, Chief Judge.

Florentino Guilez was shot to death. Defendant was charged with the killing. Defendant’s brother Ronnie was a defense witness. Cross-examining Ronnie, the district attorney asked:

“In spite of the fact that your brother [defendant] was advised of his rights and signed that [advice of rights form], your brother wouldn’t tell the Police anything about the shooting, would he.”

The trial court ruled the question improper and, at the defendant’s request, instructed the jury to disregard the question. Defendant was convicted of murder in the second degree. Section 40A-2-l(B),…