skip to Main Content
Name: People v. Cruz
Case #: B145953
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 10/24/2001
Subsequent History: Rev. denied 1/3/02.
Summary

In appellant’s jury trial for forcible sex offenses, the oath was incorrectly administered, in that it did not ask the jurors to agree to follow the instructions of the court. The appellate court here found no error. The jury in this case was not unmindful of its duty; they were properly instructed to follow the law and instructions and it must be presumed that they did so. Since, there was no showing that the jury did not perform its duty of following the law, there was no reversible error.