At the hearing the People did not contest the factual assertion that the judge did not live in Yuba County and no evidence contradicting defendant's declaration of such nonresidence was taken. The People also urged the “ ‘de facto officer’ doctrine” applied, which precludes defendant from raising the issue by collateral attack.Īn attorney was appointed to represent defendant and the matter was heard by a judge assigned from Sutter County.
The People opposed the motion on the ground the statute was unconstitutional, as it purports to add a qualification for office not contained in the California Constitution. By a subsequent editorial, I discovered that a judge's residency is a requirement for a valid trial.” A declaration by defendant appended to the motion states “That during August of this year, I discovered by reading the Appeal–Democrat that the judge who tried my case had admitted by a letter written to the Yuba County Board of Supervisors that he was not and is not now a resident of the County of Yuba.
Ensher alexander and barsoom sarcamento ca pro#
In addition, he challenges the admission into evidence of an autopsy photograph and contends the prosecutor committed prejudicial error by commenting on his failure to testify.įollowing defendant's conviction but prior to sentencing defendant moved in pro per for an arrest of judgment and a new trial on the ground the proceedings were void because the trial judge did not live in Yuba County. On appeal, defendant asserts he was illegally tried by a superior court judge who did not live in the county in which he sat, in violation of Government Code section 69502. Gen., for plaintiff and respondent.Ĭonvicted of second degree murder with a finding that he personally used a firearm (Pen.Code, §§ 187, 12022.5), defendant was sentenced to 17 years to life in state prison. Scott Thorpe, and Janet Neeley Kvarme, Deputy Attys.
Specter, Deputy State Public Defender, for defendant and appellant. Laethem, State Public Defender, under appointment by the Court of Appeal, Jeff Gale, Chief Asst. Burch Michael BOWEN, Defendant and Appellant. Court of Appeal, Third District, California.
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