Fernandez

People v. Fernandez

Good Law
1994 Cal. App. LEXIS 690·26 Cal. App. 4th 710·31 Cal. Rptr. 2d 677·94 Cal. Daily Op. Serv. 5202
Court of Appeal of CaliforniaJuly 1, 1994B071817California3,409 words

Opinion

Opinion

Stone, J.

— Here we hold that the trial court did not have to advise the jury of its power to nullify a verdict and that the court correctly instructed that false imprisonment is a general intent crime.

Jose Pablo Fernandez appeals from a judgment following a jury’s convicting him of felony false imprisonment by violence (Pen. Code, §§ 236, 237) and battery with serious bodily injury (§ 243, subd. (d)) of Jose Lucero. He contends that: 1) the trial court erred in failing to instruct the jury of its power to nullify a verdict which resulted in a denial of his Sixth Amendment rights; 2) his conviction for false imprisonment must be reversed due to insufficiency of evidence and misinstruction; 3) the court erred in admitting “expert” gang evidence; and 4) certain conditions of probation should be stricken. We affirm.

Facts

The facts resemble a scene from “West Side Story" without the music. Appellant was a passenger in a car driven by Ruben “Whispers” Juarez. Also in the car were Ramon “Munchies” Guerra, Rodrigo “Crazy Boy” Menchaca, Carlos “Chuco” Martinez, and Mike “Penguin” Escamilla. (Appellant’s moniker was “Joker.”) All were members of Sur Town gang. Juarez picked up April…

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