Boulerice

People v. Boulerice

Caution
1992 Cal. App. LEXIS 479·5 Cal. App. 4th 463·7 Cal. Rptr. 2d 279·92 Daily Journal DAR 4956·92 Cal. Daily Op. Serv. 3135
Court of Appeal of CaliforniaApril 9, 1992H007750California13,728 words

Opinion

Lead Opinion

Premo, J.

After receiving a prison term for his second felony indecent exposure conviction, Alan Mark Boulerice appeals, contending that the jury *468 selection provisions of Proposition 115 which prohibit the parties from questioning prospective jurors violate the equal protection clauses of the federal and state Constitutions. He also complains that the trial court erred in allowing inadmissible character evidence, and that the prosecutor engaged in prejudicial misconduct during closing argument. We disagree and affirm.

1. Facts

On March 20, 1990, over the course of the afternoon, 21-year-old Brooklyn Stover, an employee at Shopper’s Comer Market in Santa Cmz, had been in and out of the parking lot retrieving shopping carts. She saw a car parked in the lot for about an hour. At one point, appellant was sitting in the driver’s seat. When she passed near it about 3:45 p.m., however, appellant was sitting in the backseat with no pants on. His penis was erect and he was “[k]ind of playing with it.” Annoyed and bothered, she called the police. Officer Jim Connor arrived 10 minutes later, approached the car and saw appellant, who was wearing a white T-shirt and shorts, sitting on the…

Concurring Opinion

Capaccioli, J.

I concur in the result and in most of the majority opinion. However, with respect to those portions of the opinion dealing with jury selection procedures, I concur in the result only, for the reasons expressed in People v. Leung, post, page 482 [ 7 Cal.Rptr.2d 290 ], filed simultaneously with this opinion.

Appellant’s petition for review by the Supreme Court was denied June 18, 1992.

Opinion

[Opinion certified for partial publication. [*] ]

OPINION

PREMO, J.

After receiving a prison term for his second felony indecent exposure conviction, Alan Mark Boulerice appeals, contending that the jury selection provisions of Proposition 115 which prohibit the parties from questioning prospective jurors violate the equal protection clauses of the federal and state Constitutions. He also complains that the trial court erred in allowing inadmissible character evidence, and that the prosecutor engaged in prejudicial misconduct during closing argument. We disagree and affirm.

On March 20, 1990, over the course of the afternoon, 21-year-old Brooklyn Stover, an employee at Shopper's Corner Market in Santa Cruz, had been in and out of the parking lot retrieving shopping carts. She saw a car parked in the lot for about an hour. At one point, appellant was sitting in the driver's seat. When she passed near it about 3:45 p.m., however, appellant was sitting in the backseat with no pants on. His penis was erect and he was "[k]ind of playing with it." Annoyed and bothered, she called the police. Officer Jim Connor arrived 10 minutes later, approached the car and saw appellant, who was…

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