Fimbres

People v. Fimbres

Good Law
104 Cal. App. 3d 780·163 Cal. Rptr. 876·1980 Cal. App. LEXIS 1726
Court of Appeal of CaliforniaApril 17, 1980Crim. 35350California3,035 words

Opinion

Opinion

Roth, J.

Appellant was found guilty of assaulting a peace officer by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (b)). He contends on appeal:

The basis for these contentions is found, so far as the record on appeal discloses, in the following colloquy which we set forth in its entirety.

“Ventura, California; Wednesday, March 7, 1979; 10:30 A.M.

“(The following proceedings were held in chambers outside the presence and hearing of the jury.)

“Mr. Haffner: Thank you, your Honor. May the record reflect that we’re in chambers outside of obviously the presence of the panel and the potential jury, and my client’s present with Deputy District Attorney present; the Court is present, of course, and the Clerk and the Court Reporter.

“Your Honor, I know the Court is upset by interruptions in the procedure and the Court likes to run an efficient Court, probably; but I really felt compelled to make these motions outside the presence of the panel and I want to make it in the most respectful and honest way possible. I challenge now the entire panel and challenge specifically Toby Clark and Greg Kajcienski, and I object to the Court’s manner of questioning.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.