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PEOPLE v. MURILLO

No. B246522.

231 Cal.App.4th 448 (2014)

179 Cal. Rptr. 3d 891

THE PEOPLE, Plaintiff and Respondent, v. TONY MURILLO, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

November 13, 2014.

Attorney(s) appearing for the Case

Deborah L. Hawkins , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Steven D. Matthews and Rama R. Maline , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GILBERT, P. J.—

A prosecution witness takes the witness stand but refuses to answer any questions. The trial court allows the prosecutor to ask the witness more than 100 leading questions concerning the witness's out-of-court statements to prove defendant guilty of several criminal offenses. The questions create the illusion of testimony. This deprived defendant of a fair trial...

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