P. v. Dorsey
A jury convicted Phillip Lynn Dorsey of residential burglary (Pen. Code,[1] 459 & 460) and unlawful taking and driving of a vehicle (Veh. Code, 10851, subd. (a)) and found the firearm allegation related to each count to be true ( 12022.5, subd. (a), 1192.7, subd. (c)(23)). The jury was unable to reach a verdict on two remaining counts. The court declared a mistrial on the remaining counts. Dorsey appeals challenging only his convictions for residential burglary and unlawful taking and driving of a vehicle. As to those convictions he contends the trial court erred in excluding the proposed testimony of a defense witness. The Attorney General has responded asking that the appeal be dismissed for failure by Dorsey to obtain a certificate of probable cause ( 1237.5). Court reject the Attorney General's contention that this appeal requires a certificate of probable cause. Court also find the trial court did not abuse its discretion in excluding the testimony of a proposed defense witness under Evidence Code section 352. Court affirm the judgment.
Comments on P. v. Dorsey