Nishi

People v. Nishi

Good Law
143 Cal. Rptr. 3d 882·2012 Cal. App. LEXIS 806·207 Cal. App. 4th 954·2012 WL 2870591
Court of Appeal of CaliforniaJuly 13, 2012No. A129724California5,206 words

Opinion

Lead Opinion

Dondero, J.

Defendant Charles Byon Nishi was convicted following a jury trial of one count of attempting to deter or resist an executive officer in the performance of duty in violation of Penal Code section 69. 1 In this appeal he challenges the denial of his pretrial motion to suppress evidence, and complains that he was denied the right to testify at trial. He also argues that the conviction is not supported by the evidence, and objects to the imposition of a probation condition that directs him to undergo a psychological evaluation and take medication as directed by a physician. In a supplemental brief, defendant claims instructional error and improper denial of his motion for *958 self-representation. We conclude that defendant had no reasonable expectation of privacy in the area searched, and was not denied the right to testify at trial. The evidence supports the conviction and defendant’s motion for self-representation was untimely. No instructional error occurred. The medication condition of probation is both reasonably related to deterring future criminality, and neither vague nor overbroad. We therefore affirm the judgment.

STATEMENT OF FACTS

The United States Air Force…

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