P. v. Gardner
After a joint trial, the jury convicted defendant of unlawfully driving a vehicle, receiving stolen property, evading a peace officer with reckless driving, and resisting a peace officer in the discharge of his duties. The jury found codefendant Arce guilty of receiving stolen property and possessing a controlled substance, methamphetamine. Defendant appeals, contending the trial court prejudicially erred in admitting Arce's pretrial hearsay statements over his objections at trial, there was prejudicial Griffin error when Arce's counsel commented on his failure to testify at trial, he was denied the effective assistance of counsel when his own counsel failed to object to such Griffin error, and the victim restitution order must be modified to exclude lost wages incurred by the victim due to attending court proceedings.
Court found that the trial court erred in admitting Arce's pretrial statements without a limiting instruction, that such error is harmless as to count 1, but prejudicial to count 3 in light of the Griffin error, which court find by itself harmless. Court found no merit in Gardner's other assertions. Court therefore concluded count 3 must be reversed and defendant's remaining convictions affirmed. Accordingly, court remanded for resentencing.
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