People v. Misirli CA2/4

Filed 10/3/23 P. v. Misirli CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B315759

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA076224) v.

JONATHAN PAUL MISIRLI,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Daviann L. Mitchell, Judge. Affirmed. Jeralyn B. Keller, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Amanda V. Lopez and J. Michael Lehmann, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION Appellant Jonathan Paul Misirli was convicted of three counts of murder and other charges; he was sentenced to multiple life terms. On appeal, Misirli raises a single contention: that the trial court erred in ordering him restrained during the jury trial. However, he has failed to point to any such order in the record. Misirli therefore has not demonstrated any error. We affirm. FACTUAL AND PROCEDURAL BACKGROUND The facts of the case are not relevant to the substance of Misirli’s appeal, so we do not recount them in detail. On January 16, 2019, Olukayode Owolabi, Sean Cowen, and David Licona- Hernandez were shot and killed. D.T.1 was also shot in the face and was severely injured; items were stolen from D.T. A nine-day jury trial was conducted in September 2021. On the seventh day of trial, after the prosecution rested and as defense counsel, Kristoffer McFarren, was preparing to present the defense case, McFarren told the court that Misirli intended to testify. McFarren asked the court to permit Misirli to testify without a bailiff or other law enforcement personnel near him, suggesting use of a “stealth belt or some other restraint” instead. The court declined, observing that the charges against Misirli involved significant violence, and stating that the court was not equipped with a chair with a stealth belt. The court offered to admonish the jury “not to take anything from the fact that there’s a bailiff up there, . . . or I can be silent about it, whatever you prefer.” The court also noted, “We’ll excuse the jury when we put him up there anyway.” McFarren asked whether the court would be “willing to state [that] whenever a