People v. Rouston
Annotate this CaseThe Court of Appeal of the State of California, Fourth Appellate District, Division One, reversed and remanded a case involving a defendant, George Thomas Rouston, Jr., convicted of premeditated attempted murder, conspiracy to commit murder, and shooting at an occupied vehicle. The charges stemmed from a gang-related drive-by shooting. On appeal, Rouston argued that the trial court erred by allowing the lead detective in the case to opine on the main disputed issue: whether Rouston fired a gun. The appellate court agreed, stating that the detective's opinion on Rouston's guilt was "too helpful" and supplanted the jury's role. The court found this to be an abuse of discretion by the trial court. The court also found this error to be prejudicial, determining that without the detective's testimony, it was reasonably probable the jury’s verdict would have been different. Thus, the court reversed the judgment of conviction and remanded the case for a new trial.
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