People v. Simentel CA5

INTRODUCTION

Appellant and defendant Martin Abel Simentel was convicted by a jury of assault with a deadly weapon and two misdemeanor drug charges. On appeal, defendant claims that the judge’s comments during voir dire regarding a defendant’s right to not testify were prejudicial and infringed on his right to remain silent. We find no violation of defendant’s Fifth Amendment rights occurred as a result of the trial court’s comments and affirm the judgment of the trial court.

FACTS

Procedural History The Kern County District Attorney filed an information on April 5, 2019, charging defendant with the following offenses (count 1) assault with a deadly weapon, a felony (Pen. Code, § 245, subd. (a)(1); (count 2) unlawful interference with a business establishment open to the public, a misdemeanor (Pen. Code, § 602.1, subd. (a); (count 3) misdemeanor possession of methamphetamine, a misdemeanor (Health and Safety Code, § 11377, subd. (a); (count 4) misdemeanor possession of drug paraphernalia, misdemeanor (Health and Safety Code, § 11364); and (count 5) misdemeanor being under the influence of methamphetamine, misdemeanor (Health and Safety Code, § 11550, subd. (a)). Defendant…