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PEOPLE v. OTERO

No. G045246.

210 Cal.App.4th 865 (2012)

148 Cal. Rptr. 3d 812

THE PEOPLE, Plaintiff and Respondent, v. LUIS ALBERTO OTERO, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

October 29, 2012.

Attorney(s) appearing for the Case

Tonja R. Torres , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, Charles Ragland and Christopher P. Beesley , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MOORE, J. —

We find the prosecutor's use of a diagram of California to explain proof beyond a reasonable doubt was misconduct. Given the brief reference to the diagram, the court's instruction to the jury to disregard the diagram, and the substantial evidence in this case, we find the misconduct was harmless. We publish this opinion due to the number of cases that come before us wherein prosecutors have used similar diagrams or...

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