People v. Duclos CA4/1

I.

INTRODUCTION

The People charged McGhee Duclos with carjacking (Pen. Code, § 215, subd. (a))

(count 1)1 and robbery (§ 211) (count 2), and alleged that Duclos used a deadly and

dangerous weapon during the commission of both offenses (§ 12022, subd. (b)(1)). The

People further alleged that Duclos had suffered one prison prior (§ 667.5, subd. (b)), two

serious felony priors (§ 667, subd. (a)(1)), and five strike priors (§ 667, subds. (b)-(i)).

During a jury trial, Duclos presented the defense that he was not guilty of the charged

offenses because he was legally unconscious while committing the acts comprising the

offenses. The jury found Duclos guilty on all counts, and found true the weapon

enhancement allegations. The trial court sentenced Duclos to an aggregate term of

years to life in prison.

On appeal, Duclos contends that the trial court abused its discretion in excluding

certain evidence related to his unconsciousness defense pursuant to Evidence Code

section 352, and that the court's ruling violated his constitutional rights to due process

and to present a defense. Duclos also claims that the trial court erred in instructing the

jury pursuant to the…