EL

People v. EL

Good Law
102 Cal. App. 4th 1047·126 Cal. Rptr. 2d 88·2002 Cal. App. LEXIS 4785·2002 Daily Journal DAR 11895·2002 Cal. Daily Op. Serv. 10324
Court of Appeal of CaliforniaOctober 9, 2002B153599California1,357 words

Opinion

Opinion

Rubin, J.

Eric El appeals from the judgment following his conviction for second degree murder and possession of cocaine base for sale. After review, we affirm.

Procedural and Factual Background

Appellant Eric El shot and killed Jeffrey L. Clay in a quarrel over the quality of the cocaine appellant was selling. The People charged appellant with first degree murder (Pen. Code, § 187, subd. (a)) and possession of cocaine base for sale (Health & Saf. Code, § 11351.5). The People also specially alleged appellant personally used a handgun to kill Clay. Following appellant’s not guilty plea, the court granted his request to represent himself, but also elected to appoint standby counsel to observe the proceedings.

On August 16, 2001, during the People’s opening argument, appellant repeatedly interrupted the prosecutor with objections that the court invariably overruled. After overruling at least 22 such objections made in the time it takes to generate only five pages of a reporter’s transcript, the court excused the jury. Outside the jury’s presence, the court warned appellant not to interrupt with spurious objections, and told him if he continued making groundless objections, the…

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