Turner
People v. Turner
Opinion
Opinion
Filed 12/23/
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
THE PEOPLE,
Plaintiff and Respondent,
A159822
v. DEREAK H. TURNER, (Alameda County Super. Ct. No. H58999) Defendant and Appellant.
Defendant Dereak H. Turner appeals a judgment entered upon a jury verdict finding him guilty of second degree murder. He was charged with committing two unrelated murders (the Oakland and Hayward murders), and the cases were consolidated. At the close of evidence in the consolidated trial, he renewed his earlier motion to sever the two charges on the ground the evidence he committed the Oakland murder was weak. The trial court granted the motion, ruling it would leave the jury to decide only the Hayward case. Defendant then unsuccessfully sought a mistrial in the Hayward case on the ground the jury would be influenced improperly by having heard the evidence of the Oakland murder. His sole contention on appeal is that the trial court abused its discretion in denying his motion for a mistrial. We agree with him, reverse the judgment, and remand the matter for a retrial.