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PEOPLE v. GUZMAN

No. G024131.

96 Cal.Rptr.2d 87 (2000)

80 Cal.App.4th 1282

The PEOPLE, Plaintiff and Respondent, v. Roger Reginald GUZMAN, Defendant and Appellant.

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

Rehearing Denied May 24, 2000.

Attorney(s) appearing for the Case

Edward A. Hoffman, Los Angeles, under appointment by the Court of Appeal for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Raquel Gonzalez and Anthony Da Silva, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BEDSWORTH, J.

A jury convicted Roger Reginald Guzman of one count each of hit and run driving and assault with a deadly weapon.1 The jury acquitted Guzman of a second count of assault with a deadly weapon. We find the prosecutor improperly commented on Guzman's failure to testify and that such comments were not harmless beyond a reasonable doubt. Accordingly, we reverse the judgment.

* * *

William Hall...

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