P. v. Young
Appellants Ray A. Young and Raynetta Green, brother and sister, were convicted by jury for crimes that they committed in the course of a home invasion robbery on August 24, 2004. The jury convicted Young of one count first degree home invasion robbery with personal use of a firearm (Pen. Code, 211, 213, subd. (a)(1)(A), 12022.53, subd. (b)), one count first degree burglary with personal use of a firearm ( 459, 12022, subd. (a)(1)), one count false imprisonment by violence ( 236), one count carjacking ( 215, subd. (a)), one count assault with a firearm ( 245, subd. (a)(2)), and one count assault with a deadly weapon other than a firearm ( 245, subd. (a)(1)).
Young contends that the prosecutor committed misconduct and error under Griffin v. California (1965) 380 U.S. 609, and that the trial court abused its discretion by denying his motion to strike his prior serious felony conviction. Green contends it was error to instruct jurors that they could infer consciousness of guilt from her willfully false pretrial statement (CALJIC 2.03). She also contends that there was insufficient evidence to sustain her conviction for assault with a firearm. Court reject each contention and affirm the judgments against both Young and Green.
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