Bowman
People v. Bowman
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…