P. v. Simpson CA1/5
Montreal D. Simpson was convicted by jury of a residential burglary. Simpson argues the prosecutor improperly commented on his purported silence when detained. He contends the trial court failed to provide an adequate admonition to the jury to remedy the misconduct. Simpson also argues the standard instruction on eyewitness identification (CALCRIM No. 315) is misleading and erroneously informs jurors that a witness’s certainty is relevant to the reliability of an identification. We find no reversible error.
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