P. v. Jamison
A jury convicted Howard Jamison of the first degree murder of 83-year-old Ewing Scroggs in violation of Penal Code section 187, subdivision (a) (undesignated statutory references will be to the Penal Code unless otherwise specified). The jury found true an allegation that Jamison personally used a deadly weapon (a knife) within the meaning of section 12022, subdivision (d), and also found true a special circumstance allegation that he committed the murder while engaged in the commission of a burglary (§ 460) within the meaning of section 190.2, subdivision (a)(17).
At trial, the court denied a mistrial motion Jamison brought after a witness—Jim Rapuano, Jamison's former probation officer in Connecticut—twice volunteered the statement, in the presence of the jury, that Jamison had "an extensive criminal record."
After denying Jamison's new trial motion, which was also based on the probation officer's volunteered statements about Jamison's criminal history, the court sentenced him to life in prison without the possibility of parole plus a one-year prison term enhancement for the true finding on the personal use of a knife allegation.
Jamison appeals, contending the court's denial of his mistrial motion "irreparably damaged" his federal constitutional right to a fair trial and constituted reversible error because Rapuano's improper disclosure that Jamison had an extensive criminal history was "incurably prejudicial" as it was "too dramatic for jurors to ignore." We conclude the court did not abuse its discretion or violate Jamison's federal constitutional right to a fair trial. Accordingly, we affirm the judgment.
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