California Court of Appeal

Convictions and sentences for attempted murder, shooting at an inhabited dwelling and attempted kidnapping for carjacking, are reversed where: 1) the court admitted certain extremely prejudicial gang evidence that was not relevant to the underlying charges; 2) there was insufficient evidence the crimes were gang motivated; and 3) given the highly inflammatory nature of the gang evidence presented, it cannot be said the error in admitting the evidence was harmless.

Appellate Information

• Decided 04/02/2007
• Published 04/02/2007

Judges

• WOODS, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Nasatir, Hirsch, Podberesky & Genego, William J. Genego and Richard G. Hirsch, Santa Monica, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Kenneth N. Sokoler and Susan Lee Frierson, Deputy Attorneys General, for Plaintiff and Respondent.