Sutton

A jury convicted defendant of failing to appear on a felony charge. (Pen. Code, § 1320.5.) Granted probation, defendant appeals, contending the trial court abused its discretion by admitting evidence of his other crimes, his custodial status, and his exercise of extradition rights. Defendant also claims the trial court violated due process by admitting the evidence regarding his exercise of extradition rights. We see merit in defendant’s arguments, particularly those relating to the evidence regarding the extradition rights. Consequently, we reverse.

Background

On May 29, 1991, defendant, who was on bail, appeared in the Yolo County Superior Court regarding a felony charge against him. (People v. Sutton (Super. Ct. Yolo County, No. 12470).) At that time he moved for a continuance to obtain new counsel. In a minute order, the trial court granted “a continuance to June 12, 1991 at 9:00 a.m. for appearance of new Counsel.” On June 12, defendant did not appear but his counsel did. The trial court issued a bench warrant for defendant. At his trial on the failure to appear charge (i.e., the case on appeal here, Yolo County Superior Court No. 13419), defendant stipulated that…

Because I disagree with my colleagues in their application of basic principles of evidence and constitutional law, I must respectfully dissent. State v. Mayell (1972) 163 Conn. 419 [ 311 A.2d 60 ], cited by the majority for the proposition that exercise of a legal right to defend against extradition is not a proper basis for inferring an illegal state of mind, does not cut so broad a swath. The defendant in Maypll worked in New York and was charged with robbery in nearby Connecticut. The only evidence connecting defendant to the crime was his fingerprint on his New York employer’s car which was abandoned at the crime scene. Following his apprehension defendant refused extradition from New York. At trial the prosecution attempted to prove defendant “fled” from the scene of the crime. Defendant denied being at the crime scene and having any knowledge he was wanted by the police. Acknowledging that “[fjlight, when unexplained, tends to prove consciousness of guilt” (id. at p. 63), the court observed the only evidence of flight was the fact that defendant resisted extradition. Such evidence, according to the court, was “not a proper basis for inferring that the defendant fled from the…

A jury convicted defendant of failing to appear on a felony charge. (Pen. Code, § 1320.5.) Granted probation, defendant appeals, contending the trial court abused its discretion by admitting evidence of his other crimes, his custodial status, and his exercise of extradition rights. Defendant also claims the trial court violated due process by admitting the evidence regarding his exercise of extradition rights. We see merit in defendant's arguments, particularly those relating to the evidence regarding the extradition rights. Consequently, we reverse.

On May 29, 1991, defendant, who was on bail, appeared in the Yolo County Superior Court regarding a felony charge against him. (People v. Sutton (Super. Ct. Yolo County, No. 12470).) At that time he moved for a continuance to obtain new counsel. In a minute order, the trial court granted "a continuance to JUNE 12, 1991 at 9:00 a.m. for appearance of new Counsel." On June 12, defendant did not appear but his counsel did. The trial court issued a bench warrant for defendant. At his trial on the failure to appear charge (i.e., the case on appeal here, Yolo County Superior Court No. 13419), defendant stipulated that…