People v. Vo CA4/1

INTRODUCTION

A jury found defendant Kurtis Tinh Vo guilty of robbery (Pen. Code, § 211)1 and

assault by means likely to produce great bodily injury (§ 245, subd. (a)(4)). Vo

additionally admitted having a prior strike conviction (§§ 667, subd. (b)-(i), 1170.12), a

prior serious felony conviction (§§ 667, subd. (a)(1), 1192.7, subd. (c)), and a prior prison

commitment conviction (§ 667.5, subd. (b)).

Vo appeals, contending the court prejudicially erred by allowing the prosecution to

impeach his testimony with post-arrest silence in violation of Doyle v. Ohio (1976) 426

U.S. 610 (Doyle). We conclude any error was harmless beyond a reasonable doubt and

affirm the judgment.

BACKGROUND

I

Prosecution's Evidence

Victor Adams approached the victim at a bar and invited the victim to join him,

Vo, and two other men. The victim joined the group and subsequently agreed to

accompany them to a party. Driven by Vo, the group left the bar and traveled to a nearby

park. Upon arriving, they proceeded down a stairwell leading to the park. When they

reached the bottom of the stairs, Vo, Adams and one of the other two men began beating

the victim and demanded he hand over his…