P. v. Borel
A jury convicted defendant Tiana Nicole Borel of second degree robbery, false imprisonment, battery and second degree commercial burglary. The trial court sentenced her to seven years four months in prison.
Defendant now contends (1) her trial counsel rendered ineffective assistance; (2) the trial court erred in instructing the jury with CALCRIM No. 359 [corpus delicti -- independent evidence of a charged crime] because it relieved the prosecution of the burden of proving the identity of the perpetrator; and (3) cumulative error resulted in prejudice.
We conclude (1) defendant has not established ineffective assistance of counsel; (2) the trial court did not err in giving CALCRIM No. 359, and the jury could not have understood the instructions as a whole to relieve the prosecution of its burden of proof; and (3) defendant’s claim of cumulative prejudice lacks merit.
We will affirm the judgment.
Comments on P. v. Borel