984
Per Curiam
On April 20, counsel for a different codefendant again raised the issue of punishment. Judge Pounders stated in open court: " '[T]he subject of sentencing of Mr. Fernandez is not part of the conversation. But more than that, it is prejudicial under [Cal. Evid. Code Ann. § ]352 [(West 1966)]. It's not a subject the jury is entitled to discuss. This is not a death penalty case, so penalties are not something to discuss . . . .'" Id., at 21.
The next day, respondent's co-counsel Gutierrez asked a series of questions in which he stated that defendants were "looking at life in prison." At a bench conference, while respondent remained at the defense table, Judge Pounders told Gutierrez:
" 'You had an ulterior motive in bringing out the amount of time [the witness] spent [in prison], and I think it's to show the contrast between what he got and what your clients may be facing. . . . I'm saying that's the last time I want to hear anything about a sentence. . . . You've covered it. Do not cover it again.' " Watson v. Block, 102 F. 3d 433, 435 (CA9 1996).
After the side bar, Gutierrez apologized in open court:
" 'Judge, I would just like the record to reflect that I apologize to this court for asking the question as to or informing this witness through my question that he served six months in jail and three years probation. . . . I obviously defied the Court Order, and I misunderstood the Court and I apologize.' " Ibid.
In response, Judge Pounders said in open court: " 'It's simply that punishment is not an issue for this jury to decide, and the more that counsel want to harp on this issue of punishment, the more inappropriate it becomes.' " Ibid.
On June 21, while respondent was questioning Mora, the following examination and colloquy occurred:
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