Bui

Appellant Ryan Brian Bui (Bui) was convicted of two counts of burglary, one count of attempted burglary, and one count of receiving stolen property. He maintained his constitutional right to a public trial was violated by the trial court’s temporary exclusion of family members from the courtroom during jury voir dire. Bui also claimed error in the court’s exclusion of certain evidence offered in support of his defense theory of third party culpability. We found any error in exclusion of persons from the courtroom to be de minimis and affirmed. Bui petitioned for review. The California Supreme Court directed this court to vacate our prior decision and reconsider in light of Presley v. Georgia (2010) 558 U.S. __ [ 175 L.Ed.2d 675 , 130 S.Ct. 721 ] (Presley). In the published portion of this decision, we conclude that Presley does not alter the “de minimis” doctrine recognized by the California Supreme Court on which our prior decision relied. Accordingly, we affirm.

I. Procedural Background

The San Mateo County District Attorney charged Bui by information with two counts of burglary (Pen. Code, § 460, subd. (a)), one count of attempted burglary (§§ 460, subd. (a), 664),…