P. v. Burgin
During a visit to Pinecrest Lake in August 2007, defendant Gary Jay Burgin bumped shoulders with a man going the opposite direction on a trail. A confrontation followed and defendant punched the other man, breaking his jaw. At trial, defendant claimed he acted in self-defense. A jury found him guilty[1]of battery with serious bodily injury in violation of Penal Code section 243, subdivision (d). Defendant was sentenced to five years of probation with 120 days of jail time. On appeal, defendant argues that (1) the version of Judicial Council of California Criminal Jury Instructions (2007) CALCRIM No. 358 given at his trial contained error, and (2) the prosecutors attempt to impeach his testimony by mentioning her personal knowledge of matters outside the record constituted misconduct and denied him due process of law.
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