Murillo
People v. Murillo
Opinion
Opinion
Gilbert, J.
A prosecution witness takes the witness stand but refuses to answer any questions. The trial court allows the prosecutor to ask the witness more than 100 leading questions concerning the witness’s out-of-court statements to prove defendant guilty of several criminal offenses. The questions create the illusion of testimony. This deprived defendant of a fair trial because he could not exercise his constitutional right of cross-examination. Instructions that cautioned the jury not to regard the prosecutor’s questions as evidence did not overcome the extreme prejudice to defendant.
We reverse and remand so that the trial court may explore options that do not run afoul of defendant’s constitutional rights.
Tony Murillo appeals a judgment following his conviction of the first degree murder of Luis Velasquez (Pen. Code, §§ 187, subd. (a), 189), the attempted murders of Dylan Valencia and Roberto Villatoro (§§ 664, 187, subd. (a)), and possession of a firearm by a felon (former § 12021, subd. (a)(1)). The jury found true allegations that Murillo committed the crimes for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1)(C).