The People v. Schauman CA3

DISCUSSION

I Change of Venue Claim Forfeited Defendant filed a change of venue motion prior to jury selection. The morning before jury voir dire, the trial court denied the motion without prejudice to its renewal if problems were encountered during jury selection. The change of venue motion was not renewed after jury voir dire.

2 “ ‘[W]hen a trial court initially denies a change of venue motion without prejudice, a defendant must renew the motion after voir dire of the jury to preserve the issue for appeal. Here, although expressly invited by the court to renew the motion after jury selection, defendant failed to do so.’ [Citations.]” (People v. Maury (2003) 30 Cal.4th 342, 388-389, quoting People v. Williams (1997) 16 Cal.4th 635, 654-655.) As in People v. Maury, the trial court informed defendant he could renew the motion after jury selection if a problem arose. Accordingly, defendant’s claim is forfeited on appeal for failure to renew the motion following jury voir dire. II There Was Sufficient Evidence for CALCRIM No. 371 Instruction Defendant claims the trial court erred when it gave CALCRIM No. 371 because there was insufficient evidence to support the instruction. The…