P. v. Cardenas CA4/3
A jury convicted Gilberto Ortiz Cardenas of first degree residential burglary (Pen. Code, §§ 459, 460, subd. (a); all statutory citations are to the Penal Code unless noted). Cardenas contends the prosecutor committed Griffin error (Griffin v. California (1965) 380 U.S. 609 (Griffin)), the trial court erred in excluding as hearsay Cardenas’s statements to the victims at the scene of the alleged burglary explaining why he was in their garage, and the court abused its discretion by denying his motion for mistrial based on a police officer’s testimony he recognized Cardenas because of 30 to 40 prior meetings. For the reasons expressed below, we affirm.
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