Govan

People v. Govan

Good Law
Court of Appeal of CaliforniaMay 22, 2023B316245California19,025 words

Opinion

Opinion

Feuer, J.

Background and parts C through F of the Discussion. Attorney General, Steven D. Matthews and Michael J. Wise, Deputy Attorneys General, for Plaintiff and Respondent. _______________________ DeAnthony Tyquan Govan appeals from a judgment of conviction after the jury found him guilty with respect to four victims of three counts of false imprisonment by violence; three counts of forcible oral copulation; three counts of forcible rape; and one count of attempted forcible rape. The trial in this case took place during the COVID-19 pandemic. In the published portion of the opinion, we address Govan’s contention the trial court abused its discretion and deprived him of due process by ordering him to wear a restraint belt during jury selection, which was held in an unsecured jury assembly room instead of a courtroom because of the pandemic. We agree the trial court abused its discretion in requiring Govan to wear a restraint belt without making an individualized finding at the time of jury selection that Govan posed a safety or flight risk or that he was likely to disrupt the proceedings; however, the error was harmless. We also address Govan’s contention the court violated his…

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