People v. Diaz CA2/1

FACTS AND PROCEEDINGS BELOW

We summarize the facts briefly because, as we explain below, the strength of the prosecution’s evidence is irrelevant to our decision. Based on information obtained from a wiretap, police believed that Diaz and an accomplice intended to assault Rafael Davila in his auto shop. Police officers observed Diaz and a companion enter the shop and later run out and drive away. The officers stopped and detained Diaz and his companion. In a field identification, Davila identified the two men as the ones who assaulted him and attempted to rob him in his shop. The People charged Diaz with robbery and burglary. A jury convicted him of burglary and acquitted him of robbery. The court sentenced Diaz to the midterm of two years in prison. Diaz filed a timely notice of appeal.

DISCUSSION

Penal Code section 1096 provides in relevant part that: “[a] defendant in a criminal action is presumed to be innocent until the contrary is proved . . . beyond a reasonable doubt” and defines the term “reasonable doubt.” Evidence Code section 502 states that “[t]he court . . . shall instruct the jury as to which party bears the burden of proof on each issue and as to whether that…