People v. Mendoza CA4/1

DISCUSSION

I Additional Background As stated, Mendoza asserts on appeal that his constitutional right to testify in his own defense was violated by the trial court. On the last day of trial, around 4:00 p.m., the jury was dismissed for the day. After the jury left, the court discussed scheduling matters with counsel. The prosecutor indicated that he was working on finding a witness to testify in place of

Subsequent undesignated statutory references are to the Penal Code.

3 Rodolfo, who was sick, and then would rest the prosecution’s case. The court asked Mendoza if he had decided whether to testify, and Mendoza replied, “Not yet.” The court adjourned at 4:10 p.m. At the start of the next day’s proceedings, outside the jury’s presence, the prosecutor notified the court that he had no further witnesses, and he intended to rest his case. Mendoza and his counsel confirmed Mendoza did not want to testify and waived his right to do so. The court stated it would release the jury for the morning to discuss jury instructions and the defense’s motion for acquittal. The jury then entered the courtroom and both parties rested their cases. The court also told the jury that there would…