PEOPLE v. QUENTIN MAYO
Filed 6/14/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
| THE PEOPLE, Plaintiff and Respondent, v. QUENTIN MAYO, Defendant and Appellant. | B180282 (Los Angeles County Super. Ct. No. BA259932) |
APPEAL from a judgment of the Superior Court of the County of Los Angeles, Mark V. Mooney, Judge. Affirmed.
Sharon Fleming, under appointment by the California Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Kyle S. Brodie and David E. Madeo, Deputy Attorneys General, for Plaintiff and Respondent.
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The jury in this first degree murder case was instructed the People have the burden to prove beyond a reasonable doubt each of the elements of murder; the defendant Quentin Mayo must be found not guilty of murder in the first degree unless the jury concludes beyond a reasonable doubt the murder was deliberate and premeditated; and resolution of Mayo's guilt must be based on the evidence presented and not on facts outside the evidence or inferences derived from the fact of Mayo's arrest or resulting trial. Apparently through an oversight, however, the trial court failed to instruct the jury with CALJIC No. 2.90,[1] defining reasonable doubt as the absence of â€
