P. v. Shurky
Filed 9/19/06 P. v. Shurky CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. MICHAEL JAMES SHUKRY, Defendant and Appellant. | C046256 (Sup.Ct.No. 02F10902)
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Defendant Michael James Shukry appeals his convictions
for second degree murder (Pen. Code, § 187, subd. (a))[1] and assault on a child with force likely to produce bodily injury (§ 273ab). He contends the court erred in not investigating whether jury misconduct had occurred, erred in denying disclosure of juror identifying information to allow him to investigate potential juror misconduct, and erred in admitting gruesome photographs into evidence. We affirm.
STATEMENT OF FACTS
On December 17, 2001, seven-year-old McImely Dearing fell off a fence and was admitted to the hospital with a head injury. Other than a scrape on his face, following his release from the hospital, McImely appeared fine. Defendant was the live-in boyfriend of McImely's mother, Carol Roberts.
On December 26, 2001, McImely was at the home of a neighbor, Gayle Linniger, playing with her children. Although he ate his dinner slowly, Linniger did not notice any signs that McImely was in pain or discomfort and she did not see any bruises on him.
On that same day, defendant had a dispute with his employer and quit his job.
Later that evening, defendant told Carol there was something wrong with McImely. Carol found McImely in his pajamas on the floor in his bedroom. She called 911.
Defendant initially told Carol he had heard a â€
