Taylor

In the published portion of this opinion, we discuss the responsibility of a trial court in conducting jury voir dire pursuant to Code of Civil Procedure section 223, added by Proposition 115, and find no basis for reversal in this case. In the unpublished portion of this opinion, we conclude that the prosecution was entitled to present tape-recorded prior inconsistent statements of witnesses, even though, at trial, the witnesses denied only the truth of the statements and did not deny having made them; and that the trial judge properly responded to a jury question asked during the deliberation period. We affirm the judgment.

Procedural Summary

Anthony Taylor was convicted of second degree murder, pursuant to Penal Code section 189, with personal use of a firearm. (§ 12022.5.) He had been charged by information with first degree premeditated murder. (§ 187, subd. (a).) In bifurcated proceedings, three prior felony convictions alleged for purposes of enhancement under section 667.5, subdivision (b) were found to be true.

Defendant offered no case-in-chief. The case went to the jury on the second day of trial. Five court days after that, the jury returned its verdict,…