Perez

People v. Perez

Good Law
212 Cal. App. 3d 345
Court of Appeal of CaliforniaJuly 20, 1989No. B035804California2,990 words

Opinion

Lead Opinion

Boren, J.

*397 Opinion

Following a jury trial, Miguel Frazio Perez was convicted of second degree murder. (Pen. Code, § 187, subd. (a).) He contends: (1) that the court erred in instructing the jury during deadlocked deliberations that they should not “consider” lesser offenses before acquitting on the second degree murder count, (2) that the implied malice instruction was unclear and confusing, and (3) that the court unduly pressured dissenting jurors to acquiesce in the verdict when it stated, in response to a juror’s inquiry, that the jurors could change the jury foreman as long as the “palace coup” was “bloodless.” We affirm.

Facts

On August 15, 1987, at approximately 8 p.m., appellant drove his Datsun through a red light on Martin Luther King Boulevard and was unable to stop when traffic exiting the Harbor Freeway entered the intersection on a green light. Appellant’s car crashed into the fender of a Volkswagen Rabbit driven by Dianna McDonald. McDonald’s companion, Lamarque Williams, got out of the passenger seat of the car and gestured for appellant to pull over to the side of the road so they could exchange information. Appellant nodded his head in apparent compliance, backed his…

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