Bowen

Introduction

Convicted of second degree murder with a finding that he personally used a firearm (Pen. Code, §§ 187, 12022.5), defendant was sentenced to 17 years to life in state prison.

On appeal, defendant asserts he was illegally tried by a superior court judge who did not live in the county in which he sat, in violation of Government Code section 69502. In addition, he challenges the admission into evidence of an autopsy photograph and contends the prosecutor committed prejudicial error by commenting on his failure to testify.

Facts

Discussion

I

Following defendant’s conviction but prior to sentencing defendant moved in propria persona for an arrest of judgment and a new trial on the ground the proceedings were void because the trial judge did not live in Yuba County. A declaration by defendant appended to the motion states “That during August of this year, I discovered by reading the Appeal-Democrat that the judge who tried my case had admitted by a letter written to the Yuba County Board of Supervisors that he was not and is not now a resident of the County of Yuba. By a subsequent editorial, I discovered that a judge’s residency is a requirement for a valid…