Pearson

People v. Pearson

Bad Law
165 Cal. App. 4th 740·2008 Cal. App. LEXIS 1161·81 Cal. Rptr. 3d 234
Court of Appeal of CaliforniaJuly 30, 2008B198805California3,435 words

Opinion

Opinion

Yegan, J.

“No one can take advantage of his own wrong.” (Civ. Code, § 3517.) This equitable maxim surely applies where a party intentionally interferes with the truth-seeking function of the court. Here defendant concealed the victim-witness and obtained a partial acquittal. When he produced the same victim-witness for his own purposes on other counts, the trial court vacated the partial acquittal. In these circumstances defendant is estopped from seeking refuge under the jeopardy umbrella. “Our courts are not gambling halls but forums for the discovery of truth.” (People v. St. Martin (1970) 1 Cal.3d 524, 533 [ 83 Cal.Rptr. 166 , 463 P.2d 390 ]; see also People v. Zack (1986) 184 Cal.App.3d 409, 415 [ 229 Cal.Rptr. 317 ].)

Lawrence Charles Pearson appeals from the judgment entered after a jury convicted him of corporal injury of a cohabitant (Pen. Code, § 273.5, subd. (a); count l) and assault with a deadly weapon (§ 245, subd. (a)(1); count 2), with special findings that he used a deadly weapon (a knife) to inflict corporal injury on the victim (§ 12022, subd. (b)(1)). Appellant admitted suffering three prior strike convictions (§§ 667, subds. (b)-(d), 1170.12, subds. (a)-(d))…

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