P. v. Misquez
Filed 7/7/06 P. v. Misquez CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. BRIAN ALAN MISQUEZ, Defendant and Appellant. | A108850 (Contra Costa County Super. Ct. No. 050204594) |
Defendant Brian Alan Misquez appeals from a conviction for second degree murder. He asserts that the trial court abused its discretion in refusing to discharge a juror who was inattentive and whose relative was the victim of another murder during the course of the trial. He also contends the prosecutor engaged in numerous acts of misconduct during the course of trial. We disagree and shall affirm.
Background
In view of the limited issues raised on appeal, the evidence can be briefly summarized.
Twenty-two-year-old Rogelio de Chavez lived with his sister in an apartment complex in El Cerrito. Upon returning home from work the evening of July 6, 2001, Rogelio's sister found Rogelio's body in a pool of blood in the living room with multiple stab wounds across his partially naked body. Expert testimony established that Rogelio had been stabbed 26 times in his torso, neck and head. Blood was smeared on the apartment door and walls, the living room sofa, and on the handle of one of the knives in the kitchen.
An investigation revealed that Rogelio had established an internet profile, â€
