Romero-Arellano

People v. Romero-Arellano

Good Law
171 Cal. App. 4th 58
Court of Appeal of CaliforniaMarch 4, 2009A119908California4,739 words

Opinion

Opinion

Richman, J.

For more than 140 years, California jury instructions have referred to the prosecuting authority as “the People.” CALJIC used that reference in its instructions, which reference continues today in CALCRIM. Instructed here with CALCRIM instructions, a jury convicted defendants Heliodoro Romero-Arellano and Misael Jimenez-Gutierrez (when referred to collectively, defendants) with possession of methamphetamine for sale (Health & Saf. Code, § 11378) and transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)). Jimenez-Gutierrez was also convicted of evading a police officer (Veh. Code, § 2800.2, subd. (a)).

Both defendants appeal, and each has filed his own brief, also joining in the argument of the other. (See Cal. Rules of Court, rule 8.200(a)(5); People v. Stone (1981) 117 Cal.App.3d 15, 19 [ 172 Cal.Rptr. 445 ].) The result is that defendants jointly make two arguments: (1) the trial court abused its discretion in excluding cross-examination of Officer Tomlin about his testimony in another case; and (2) the jury instructions referring to “the People” violated due process. We conclude that neither argument has merit, and we affirm. The unpublished…

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