People v. Bryant CA3

Filed 2/4/26 P. v. Bryant CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Placer) ----

THE PEOPLE, C101115

Plaintiff and Respondent, (Super. Ct. No. 62-162304)

v.

ERIC JOSEPH BRYANT,

Defendant and Appellant.

Defendant Eric Joseph Bryant killed his father and attempted to kill his mother. At trial, the prosecutor began her closing argument by saying, “The presumption of innocence is done.” The jury found Bryant guilty of second degree murder, attempted murder, and dissuading a witness. On appeal, Bryant contends that the prosecutor committed prejudicial misconduct when she misstated the law about the presumption of innocence, violating his due process rights. We conclude any error was harmless and will affirm the judgment.

1

BACKGROUND Bryant lived in a trailer parked in his parents’ driveway. His parents believed he had schizophrenia. One evening, Bryant joined his parents for dinner. Bryant argued with his parents because he wanted them to buy him a sports car. After dinner, Bryant stabbed his father with a knife and garden stake. Bryant’s mother heard a struggle, saw her husband on the floor, and tried to call 911, but passed out after Bryant hit her in the head. When she woke up, she tried to call 911 again. While she was speaking with a dispatcher, Bryant attacked her again. Bryant stabbed her with a hose guide, which she explained is a stake used to hold a garden hose in place, and she passed out. When Bryant’s mother woke up, she was in the hospital, and her husband had died. Police interviewed Bryant after they apprehended him hiding in his parents’ backyard. In the interview, Bryant said that his father “got in [his] face” and threatened to call the police. As a result, Bryant started “formulating . . . an out.” He stabbed both parents in the chest and said that he was “trying to get [his father] to fucking die.” He answered affirmatively when asked if he was trying to kill his mother. Bryant explained that he was trying to make it look like his parents had been fighting each other and he had not been involved. The People charged Bryant with murder (Pen. Code, § 187, subd. (a)), attempted murder (§§ 187, subd. (a), 664), and dissuading a witness by force or threat (§ 136.1, subd. (c)(1)).1 The People also alleged enhancements for using a deadly weapon as to all three counts (§ 12022, subd. (b)(1)) and for great bodily injury on an elderly victim as to the attempted murder and dissuading a witness counts (§ 12022.7, subd. (c)). Before the parties presented evidence, the trial court instructed the jury: “A defendant in a criminal case is presumed to be innocent. This presumption requires that