Burris

People v. Burris

Good Law
102 Cal. App. 4th 1096·126 Cal. Rptr. 2d 113·2002 Cal. App. LEXIS 4795·2002 Daily Journal DAR 11941·2002 Cal. Daily Op. Serv. 10368
Court of Appeal of CaliforniaOctober 10, 2002E029416California5,708 words

Opinion

Opinion

Richli, J.

Defendant James Clenzo Burris, Jr., appeals from a judgment ordering him civilly committed as a sexually violent predator. He contends there was insufficient evidence that he lacked control of his sexually violent behavior. Alternatively, he contends that, if there was any such evidence, it was elicited by his counsel on cross-examination, and therefore his counsel rendered ineffective assistance. Finally, he contends the deputy district attorney committed misconduct in closing argument.

In the published portion of this opinion, we will hold that the People, on direct examination, elicited sufficient evidence of lack of control. We therefore do not reach defendant’s alternative contention regarding ineffective assistance of counsel. In the unpublished portion of this opinion, we will hold that the deputy district attorney’s remarks did not constitute misconduct; that defendant waived his claim to the contrary; and that, in any event, the supposed misconduct was not prejudicial. Accordingly, we will affirm.

I

Statement of Facts

A. Defendant’s Background.

Defendant had borderline mental retardation, with an IQ of 65 to 70, and a hearing impairment.

When he was 10 or…

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