Singh

People v. Singh

Good Law
141 Cal. Rptr. 3d 714·2012 Cal. App. LEXIS 613·206 Cal. App. 4th 366·2012 WL 1863410
Court of Appeal of CaliforniaMay 23, 2012No. C065808California2,172 words

Opinion

Lead Opinion

Hoch, J.

A jury convicted defendant Vinesh Kumar Singh of inflicting corporal injury resulting in a traumatic condition upon a cohabitant. (Pen. Code, § 273.5, subd. (a).) 1 The jury also found true the allegations that defendant personally inflicted great bodily injury under circumstances involving domestic violence (§ 12022.7, subd. (e)) and personally used a deadly weapon, a knife, in the commission of the offense (§ 12022, subd. (b)(1)). The trial court sentenced defendant to six years in state prison.

*369 On appeal, defendant contends the trial court erred by (1) allowing the jury to conduct an experiment during deliberations, and (2) allowing the jury to reenact the stabbing of the victim without allowing defendant to be personally present during that stage of the proceedings.

We deem defendant’s first contention regarding the jury’s experiment to be forfeited for lack of objection in the trial court. With regard to defendant’s second contention, we conclude that a defendant has no right to invade a jury’s deliberations by being personally present during an attempt to reenact the events described by witness testimony. After requesting briefing from the parties on the…

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