California Court of Appeal

Petition for a writ of prohibition/mandate challenging order overruling demurrer to sentencing allegation is granted as the prosecution cannot legally criminalize behavior based on the fact that it is gang related and then increase punishment for that behavior simply by again alleging the same gang-related fact.

Appellate Information

• Decided 03/03/2008
• Published 03/03/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Deborah A. Kwast, Orange County Public Defender, Thomas Havlena, Chief Deputy Public Defender, Kevin J. Phillips, Assistant Public Defender, Martin F. Schwarz, Deputy Public Defender, for Petitioner., Tony Rackauckas, Orange County District Attorney, John R. Maxfield, Deputy District Attorney, for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.