Serna v. Superior Court

In Serna v. Superior Court (1985) 40 Cal.3d 239, the California Supreme Court held insufficient to show actual prejudice the defendant's declaration that, "'he had no independent recollection of his activities the day of the crime. . . . Persons exist who might be witnesses in my behalf, . . . at this time I am unaware of the full names or current whereabouts of these people.'" ( Serna v. Superior Court, supra, 40 Cal.3d at p. 250.) The California Supreme Court held, "The declaration reflected no effort whatsoever by the defendant to refresh recollection and omitted any references to the incident underlying the charge as described in the police reports.. . .". . . 'The showing of actual prejudice which the law requires must be supported by particular facts and not . . . by bare conclusionary statements.'" (Ibid.)