P. v. Boyle
A jury convicted defendant Tonya Renea Boyle of second degree murder (Pen. Code, 187, 189),[1] found true the allegations that she personally used a dangerous weapon, a knife ( 12022, subd. (b)), and that the victim was older than age 60 ( 1203.09, subd. (f)). On appeal, defendant contends that (1) insufficient evidence supports the murder conviction, (2) the prosecutor committed misconduct by misstating the burden of proof; (3) the trial court misinstructed the jury by giving CALCRIM Nos. 3471, 3472, and 3473 regarding the limitations of self-defense; (4) CALCRIM No. 361 [failure of defendant to explain or deny evidence in her testimony] is unconstitutional; (5) there was no evidentiary basis for giving CALCRIM No. 361 to inform the jury about the permissible inferences that could be drawn from her failure to explain or deny incriminating evidence; and (6) the cumulative effect of the instructional errors compels reversal. Court reject defendants contentions of prejudicial error. Court shall therefore affirm the judgment.
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