PEOPLE v. MOORE








Filed 3/17/11





*See Concurring and Dissenting Opinion

CERTIFIED FOR PUBLICATION


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, v. STEVEN BURNICE MOORE, Defendant and Appellant.

E048982 (Super.Ct.No. VCR6558) OPINION

APPEAL from the Superior Court of San Bernardino County. Michael A. Knish, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.
Rebecca P. Jones, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Steve Oetting and Barry Carlton, Deputy Attorneys General, for Plaintiff and Respondent.
A jury found true a petition filed by the People to extend the commitment of defendant, Steven Moore, who had previously been adjudged not guilty by reason of insanity (Pen. Code, § 1026.5, subd. (b)(1)). Defendant contends that the trial court's comments about the reasonable doubt standard and its failure to instruct the jury that he had a right not to testify and a negative inference should not be drawn from his failure to testify require reversal of the jury's finding. We disagree and affirm. The facts adduced at the hearing on the petition are not relevant to this appeal.
1. Trial Court's Comments About Reasonable Doubt
a. Facts
At the beginning of voir dire, 18 prospective jurors were seated in the jury box. The remaining prospective jurors were seated in the audience, however, the trial court said to them, â€