People v. Phillips CA4/2

discussion took place:

Defense Counsel: “[P]roof beyond a reasonable doubt is proof that leaves you

with an abiding conviction that the charge is true. [¶] What does ‘abiding conviction’

mean? ‘Abiding conviction’ means long-lasting. It means that if you go back there and

after reviewing the evidence you deliberate and you decide to vote guilt[y], that this has

3 to be a decision that sticks with you and what you are sure of not just weeks, but months

and years down the line.

“[Prosecutor:] Objection. Misstates the law.

“The Court: Sustained.

“[Defense Counsel:] Okay. You can’t go back and vote guilty and come back

and ask me in a couple of days, ‘Okay. [Defense Counsel], did he really do it?’ if you

happen to run into me on the street. ‘Was he really guilty?’ If there [are] questions

with respect to whether or not you feel that there is evidence lacking or questions with

respect to whether or not he is guilty, then that’s reasonable doubt right there.”

DISCUSSION

A. ABIDING CONVICTION

Defendant contends the trial court erred by sustaining the prosecutor’s objection

to defense counsel’s argument defining “abiding conviction,” because the argument did

not…