People v. Brown

Defendant was found guilty of first degree murder. On appeal, Defendant argued Court committed reversible error by failing to conduct an adequate voir dire of a juror who indicated she did not understand the principle that the presumption of innocence stays with the defendant throughout the trial. Defendant argued that Court failed to (1) conduct any further inquiry concerning the juror’s understanding and acceptance of the fundamental principle, and (2) adequately inquire into the juror’s comprehension of English. Court’s error in failing to ascertain whether the juror understood and agreed with the principal was not so serious as to deny Defendant a fair trial. Additionally, Court did not abuse its discretion in finding that the juror did not struggle to understand English, because Court’s other questions and her answers adequately demonstrated her understanding of English. Defendant also argued that Court abused its discretion by imposing an excessive sentence of 45-years’ imprisonment for murder and an additional consecutive 45-year term because he personally discharged the firearm that cause the victim’s death. Court did not abuse its discretion. The 45-year sentence for murder fell within the 20 to 60-year statutory sentencing range for which Defendant was eligible, and the other 45-year sentence fell within the 25 years to natural life statutory range for which he was also eligible.