Alcocer

Ramiro Alcocer and William Ostini appeal from judgments following a jury’s convicting them of one count of perjury (Pen. Code, § 118). The trial court sentenced Alcocer to 60 days in county jail and Ostini to 80 days as a condition of felony probation, both jail terms stayed pending appeal. They contend that their self-incrimination and due process rights were violated under both the state and federal Constitutions, that the court misinstructed on circumstantial evidence over Ostini’s objection, and that the trial court should have recused the entire district attorney’s office. We find no prejudicial error and affirm the judgments.

Facts

On March 2, 1987, appellants were called to testify before a grand jury investigating alleged illegal drug use by Michael Scott, then a Santa Barbara County Municipal Court judge. Immediately before they testified but outside the proceedings, a deputy district attorney informed appellants of their right against self-incrimination and that if they did not answer questions honestly, they were subjecting themselves to potential charges of perjury. Both appellants swore to tell the truth at the grand jury hearing. Both appellants denied…