Caldwell
People v. Caldwell
Opinion
Lead Opinion
Rushing, J.
Defendant Bernard Benny Caldwell appeals a judgment entered following a jury trial during which he was convicted of felony battery with great bodily injury (Pen. Code, § 243, subd. (d)) and misdemeanor hit-and-run driving (Veh. Code, § 20002, subd. (a)(1)).
On appeal, defendant asserts the judgment must be reversed because the prosecutor committed misconduct during trial by vouching for the prosecution witnesses, stating facts not in evidence, disparaging defense counsel, and referring to defendant’s failure to testify.
Statement of the Facts and Case
In September 2009, Hans Yum was driving his car, a 1995 Nissan, in San Jose with his cousin, Michael Lee, who was seated in the front passenger seat. As Yum was driving through the intersection of Story and McLaughlin, his car was hit from behind by a green GMC van traveling about 10 miles per hour. Following the hit, Yum turned around and took a picture of the van and saw the driver of the van and another person sitting in the front passenger seat of the van.
The driver of the van stopped and walked toward the Nissan. Yum remained in his car. The driver opened Yum’s driver side door and said, “You hit me.” Yum…