Shambatuyev

People v. Shambatuyev

Good Law
1996 Cal. App. LEXIS 1003·50 Cal. App. 4th 267·57 Cal. Rptr. 2d 733·96 Daily Journal DAR 12993·96 Cal. Daily Op. Serv. 7862
Court of Appeal of CaliforniaOctober 25, 1996A070504California1,570 words

Opinion

Opinion

Haning, J.

Eugene Shambatuyev appeals his conviction by jury trial of robbery of a taxicab driver (Pen. Code, § 212.5, subd. (a)) and first degree murder (§ 187). The jury found true allegations of firearm use (§ 12022.5, subd. (a)) and the special circumstance that the murder was committed during the commission of a robbery (former § 190.2, subd. (a)(17)(i) as amended by initiative [Prop. 115] on June 5, 1990). Appellant was sentenced to life without the possibility of parole. He raises numerous claims of error. We affirm.

Background

Discussion

I

II

Appellant next contends the court erred in denying his challenge for cause to prospective juror Susan L., and argues that the error forced him to use one of his twenty peremptory challenges to remove her from the venire.

During voir dire, defense counsel asked if any of the prospective jurors had anything to say about “the gun issue.” Ms. L. responded, “I have a strong reason, because I’m from the Republic of China and I think killers should be killed, too. I don’t think I would make a good juror.” Thereafter the following colloquy occurred:

After both sides finished questioning the venire the prosecutor passed for cause. Defense…

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