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People v. Garner5/31/2002
e return to familiar surroundings from the scene of a crime does not warrant an inference of a consciousness of guilt. (People v. Bradford, supra, 14 Cal.4th at p. 1055.) However, two other circumstances bear on our consideration of this issue. First, the application of this rule is complicated by the fact that Garner's familiar place was also the crime scene. The sexual intercourse occurred in the home of Garner's sister. Second, events occurred before his return to the home that could also be construed to constitute flight. The evidence allowed the jury to conclude that after Victoria confronted him outside his sister's house, he walked away from her to the bus stop. However, he was closely followed on his walk by an angry mother who had sent another person to contact the police while she pledged to stay with him wherever he went. At this point, Garner left the bus stop and returned to his sister's home. The circumstances of a defendant's departure from a crime scene may warrant an inference of a consciousness of guilt. (Ibid.; People v. Lucas, supra, 12 Cal.4th at p. 470; People v. Turner, supra, 50 Cal.3d at p. 695.) Taken together, these facts about his walk to the bus stop could support an inference that Garner attempted to flee from one who was about to bring him to the attention of police. The jury was not required to make a finding of flight-the challenged instruction merely permitted it to do so if it determined that the evidence was such that it raised an inference of a consciousness of guilt. Thus, we find no error arose from the giving of CALJIC No. 2.52.
The judgment is affirmed.
We concur:
Sepulveda, J.
Rivera, J.
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