People v. Black

[832]

Opinion

SIMS, J.

A jury convicted defendant William Allen Black of second degree murder with the use of a deadly or dangerous weapon (count 1; Pen. Code, §§ 187, subd. (a), 12022, subd. (b)(1); undesignated section references are to the Penal Code) and conspiracy to obstruct justice (count 3; § 182, subd. (a)(5)).

1

Sentenced to state prison, he raises numerous contentions, including a claim that the trial court “Erred in Denying [his] Motion that the Prosecution not be referred to as ‘The People.’ ”

In the published portion of the opinion, we conclude the prosecution was properly undertaken in the name of “The People of the State of California.” In the unpublished portion of the opinion we find no prejudicial error. We shall therefore affirm the judgment. However, we shall remand the matter to the trial court to correct an error in the abstract of judgment.

FACTUAL AND PROCEDURAL BACKGROUND* *

DISCUSSION

I-IV

*

V

Defendant contends the trial court erred prejudicially by denying his pretrial motion to preclude the prosecution from being called, “The People” or “The People of the State of California.” According to defendant, this appellation violates criminal defendants’ state and federal constitutional rights to fair trial by jury and to due process. We conclude that this contention, although raised increasingly often, lacks merit. California statutes mandate that prosecutions be conducted in the name of “The People of the State of California,” and defendant has failed to show that the applicable statutes are unconstitutional on their face or as applied here.

Section 684, originally enacted in 1872, provides; “A criminal action is prosecuted in the name of the people of the State of California, as a party,