P. v. Goerlich CA3
Codefendants Charles Goerlich and Marcus Roy were tried together before two juries, and each found guilty of two counts of assault with a deadly weapon and two counts of forcible false imprisonment. The juries found true allegations that Goerlich and Roy personally used firearms within the meaning of Penal Code section 12022.5, subdivision (a).
Goerlich and Roy appeal, arguing the trial court should have instructed their juries, sua sponte, on the defense of felony citizen’s arrest. (§ 837) Goerlich separately argues the trial court violated his Sixth Amendment right to confrontation by allowing an uncooperative witness to refuse to respond to certain questions on cross-examination. Roy separately argues the trial court erred in failing to give a unanimity instruction.
We remand on the firearm enhancements, but otherwise affirm the judgments.
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