PEOPLE v. GAINES

Docket No. A072629.

54 Cal.App.4th 821 (1997)

THE PEOPLE, Plaintiff and Respondent, v. MAURICE GAINES, Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

April 28, 1997.


Attorney(s) appearing for the Case

COUNSEL

Jonathan D. Soglin, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, George F. Hindall III and Allan Yannow, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

POCHE, Acting P.J.

In this case we hold that a prosecutor commits misconduct when he purports to tell the jury why a defense witness did not testify and what the testimony of that witness would have been.

BACKGROUND

The victim, John Rutledge, testified that he was riding his bicycle home from work about midnight. Near the corner of Tennessee and Tuolumne streets...

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