California v. Covarrubias
Annotate this CaseA jury convicted defendant-appellant Juan Covarrubias of second degree implied malice murder. The court sentenced Covarrubias to prison for 15 years to life. He appealed, contending the trial court erred when it refused to exclude certain portions of the testimony of two employees of Mothers Against Drunk Driving (MADD). Each of the MADD employees testified about various administrative matters pertaining to MADD, including victim impact panels, and, as relevant here, their own personal stories of tragedy related to drunk driving accidents. Covarrubias alternatively argued the court erred by instructing the jury with CALCRIM No. 224 (Circumstantial Evidence: Sufficiency of Evidence), instead of CALCRIM No. 225 (Circumstantial Evidence: Intent or Mental State). After review, the Court of Appeal concluded the trial court erred when it found the personal-tragedy testimony relevant under Evidence Code1 section 350 and when it found under section 352 that such testimony was not substantially outweighed by its prejudicial effect. However, the Court further concluded this error was harmless. Furthermore, the Court concluded the trial court properly instructed the jury with respect to circumstantial evidence offered to prove the elements and intent of the crime.
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