California, United States of America
The following excerpt is from People v. Rodriguez-Cordova, E070294 (Cal. App. 2019):
identity. Moreover, instructions like CALCRIM No. 352 are constitutionally suspect when, "'under the facts of the case, there is no rational way the trier could make the connection permitted by the inference.'" (People v. Gomez (2018) 6 Cal.5th 243, 290.) Here, regardless of the basis for defendant's initial arrest, it is reasonably inferred that defendant's lies about his identity were, first and foremost, an attempt to mislead the detective about his involvement in the death of the victim, demonstrating an awareness that his actions leading to the death of the victim were wrongful. The trial court did not err by instructing the jury with CALCRIM No. 352.
E. Cumulative Error
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