California Court of Appeal

Conviction of second degree robbery, admission to two prior serious felony convictions, counting as strikes, and sentence of 35 years to life is reversed where the prosecutor committed prejudicial misconduct when she began rebuttal jury argument by stating she had a duty and had taken an oath as a deputy D.A. not to prosecute a case if she has any doubt that crime occurred, and that the defendant charged is the person who did it.

Appellate Information

• Decided 08/16/2006
• Published 08/16/2006

Judges

• ROTHSCHILD, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• David M. Thompson, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Robert F. Katz and Robert C. Schneider, Deputy Attorneys General, for Plaintiff and Respondent.