PEOPLE v. DELGADO

Docket No. S027060.

5 Cal.4th 312 (1993)

851 P.2d 811

19 Cal. Rptr.2d 529

THE PEOPLE, Plaintiff and Respondent, v. STEVEN DELGADO, Defendant and Appellant.

Supreme Court of California.

June 3, 1993.


Attorney(s) appearing for the Case

COUNSEL

Frederick L. McBride for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Harley D. Mayfield and Gary W. Schons, Assistant Attorneys General, Louis R. Hanoian, Garrett Beaumont and Keith I. Motley, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

ARABIAN, J.

We determine whether the trial court erred in denying defendant Steven Delgado's motion for a new trial based on a witness's posttrial declaration, and whether the trial court engaged in a prejudicial ex parte communication with the jury. The Court of Appeal found error on both of these bases, and reversed defendant's conviction for second degree murder and misdemeanor child abuse. We disagree and reverse the Court...

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