Bowman

People v. Bowman

Good Law
136 Cal. Rptr. 3d 119·2011 Cal. App. LEXIS 1633·202 Cal. App. 4th 353
Court of Appeal of CaliforniaDecember 23, 2011No. D057467California4,540 words

Opinion

Lead Opinion

McConnell, J.

INTRODUCTION

A jury convicted Jerry Brian Bowman of robbery (Pen. Code, § 211) 1 and false imprisonment (§ 236). The jury also found true allegations Bowman personally used a deadly or dangerous weapon when committing the offenses (§ 12022, subd. (b)(1)). In addition, Bowman admitted having a prior prison *356 conviction (§ 667.5, subd. (b)), a prior serious felony conviction (§ 667, subd. (a)(1)), and a prior strike conviction (§§ 667, subd. (b)-(i), 1170.12). The trial court sentenced Bowman to an aggregate term of 16 years in prison.

Bowman appeals, contending the trial court violated his constitutional right to due process of law by instructing the jury his silence in response to police questioning could be considered an adoptive admission. He additionally contends the trial court violated his constitutional right to due process of law by instructing the jury his efforts to establish an alibi could show consciousness of guilt. We conclude these contentions lack merit and affirm the judgment.

BACKGROUND

Prosecution Evidence

Just after midnight on March 22, 2009, Victor Hugo Lopez Munoz 2 took a trolley home from work. He got off at a trolley station a few blocks…

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