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People v. Ryan

2/3/1981

olton (1979) 23 Cal. 3d 208, 214-215 [152 Cal. Rptr. 141, 589 P.2d 396].) Most notably, appellant admitted that he was driving under the influence of alcohol; that he was speeding; that he went through stop signs; that he nearly ran down Genetti; that he banged into cars at one intersection; and that he was fleeing the police


because he knew that he was driving under the influence of alcohol. The testimonies of numerous eyewitnesses in turn established beyond a reasonable doubt that appellant had struck and seriously injured Pencovic and that he fled the scene thereafter. Since it is thus clear that any reasonable jury would have reached the same verdict even in the absence of the prosecutor's remarks the alleged misconduct must be held harmless beyond any doubt. (People v. Bolton, supra, 23 Cal. 3d 208; People v. Beivelman (1968) 70 Cal. 2d 60, 75 [73 Cal. Rptr. 521, 447 P.2d 913], cert. den. 406 U.S. 971.)


The judgment is affirmed.


Disposition


The judgment is affirmed.



General Footnotes



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