Baldwin

People v. Baldwin

Bad Law
189 Cal. App. 4th 991
Court of Appeal of CaliforniaNovember 18, 2010B217438California6,686 words

Opinion

Opinion

Willhite, J.

A jury convicted defendant Tyron Baldwin of murder (Pen. Code, § 187, subd. (a)) and conspiracy to commit murder (Pen. Code, § 182, subd. (a)(1)), and found true gun and gang allegations as to each count (Pen. Code, §§ 12022.53, subds. (c), (d), (e)(1), 186.22, subd. (b)(1)(A)). It acquitted him of attempted murder (Pen. Code, §§ 664, 187, subd. (a)). The trial court imposed a sentence of 25 years to life on the first degree murder, plus a consecutive 25 years to life on the gun allegation (Pen. Code, § 12022.53, subd. (d)), and stayed the sentence on the conspiracy and gang enhancement under Penal Code section 654.

On appeal, defendant contends the trial court erred by denying his challenges to several potential jurors for cause. Although we acknowledge there are Supreme Court decisions, which have not been expressly overruled or disapproved, that support defendant’s argument that we must examine those trial court rulings even though none of the potential jurors actually sat on the jury, we follow a subsequent Supreme Court ruling that concludes no examination is necessary where, as here, defendant did not challenge for cause any of the jurors who sat on his…

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