Snyder

People v. Snyder

Good Law
112 Cal. App. 4th 1200·2003 Cal. App. LEXIS 1601·2003 Daily Journal DAR 11805·5 Cal. Rptr. 3d 711·2003 Cal. Daily Op. Serv. 9375
Court of Appeal of CaliforniaOctober 27, 2003No. A094701California12,526 words

Opinion

lead Opinion

McGuiness, J.

*1206 Opinion

Following a jury trial, appellant Lee Snyder was convicted of murder, first-degree residential robbery, first-degree residential burglary, and automobile theft. The jury also found true a special circumstance allegation of felony murder committed during a robbery and burglary. The court sentenced appellant to life in prison without the possibility of parole plus six years. On appeal, he now contends we must reverse his conviction because (1) the trial court failed to submit to the jury the question of the potential accomplice liability of a key prosecution witness, or instruct pursuant to CALJIC No. 3.13 that the testimony of one accomplice cannot be used to corroborate the testimony of another accomplice; (2) to the extent the above argument may be barred by trial counsel’s failure to request the instructions on the prosecution witness’s potential accomplice liability, appellant received ineffective assistance of counsel; and (3) by instructing the jury pursuant to CALJIC No. 2.15 on the “slight” corroborating evidence necessary to permit an inference of guilt of robbery or burglary from evidence appellant was in conscious possession of recently stolen property,…

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