P. v. Gonzalez
A jury convicted Freddy Gonzalez of first degree burglary (Pen. Code, 459, 460, subd. (a)),[1] three counts of robbery, ( 211, 212.5, subd. (a)), two counts of false imprisonment ( 236, 237, subd. (a)), assault ( 245, subd. (a)(1)), and misdemeanor vandalism ( 594, subds. (a), (b)(1)). The jury also found defendant personally used a deadly weapon to commit the robbery offenses. ( 12022, subd. (b)(1), 1192.7.) Defendant argues his attorney rendered ineffective assistance of counsel by failing to seek a mistrial or, alternatively, the trial court violated his right to a fair trial by failing to declare a mistrial sua sponte. Specifically, defendant contends a mistrial was required after a witnesss mother complained aloud in Spanish from the gallery that he made a threatening hand gesture at her during trial. Defendant also claims the trial court misinstructed the jury to view his oral statements to police with caution (CALCRIM No. 358). For the reasons discussed below, Court conclude these contentions have no merit, and Court therefore affirm the judgment.
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