People v. Gonzalez CA2/5

INTRODUCTION

A jury found defendant and appellant Jesus Gonzalez (defendant) guilty on one count of first degree murder and two counts of attempted murder. On appeal, defendant contends that the prosecutor engaged in misconduct by commenting on defendant’s failure to testify in violation of the prohibition against such conduct in Griffin v. California (1965) 380 U.S. 609 (Griffin). In the alternative, defendant argues that if his claim under Griffin has been forfeited by his trial counsel’s failure to object to the claimed misconduct based on Griffin, then he received ineffective assistance of counsel. Defendant also contends that the sentencing minute order and abstract of judgment must be corrected by striking references to a $36,235 fine, stayed gang enhancements, and a $25 administrative screening fee. The Attorney General contends that defendant’s claim of prosecutorial misconduct has been forfeited, that no such misconduct occurred, and any such misconduct was harmless. The Attorney General also agrees that the references to the stayed gang enhancements and the $25 administrative screening fee should be stricken, but argues that the issue concerning the $36,235 fine should…