California Court of Appeal

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People v. Albillar, B194358

Conviction of multiple defendants for criminal sexual offenses and gang-related charges, as well as gang sentence enhancements, are affirmed over claims that: 1) the trial court committed reversible error by failing to dismiss the entire jury venire after granting a Wheeler-Batson motion; 2) the trial court erroneously denied a motion to sever gang charges and bifurcate the gang enhancements; 3) admission of gang evidence violated their due process rights; 4) there was insufficient evidence to support a true findings on gang enhancements and convictions on gang-related charges; 5) the true findings on gang enhancements and convictions on gang-related charges violated their First Amendment freedom of association; and 6) the trial court erroneously denied a motion for a new trial.

Appellate Information

  • Decided 05/05/2008
  • Published 05/05/2008

Judges

  • YEGAN, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Vanessa Place, under appointment by the Court of Appeal, for Albert A. Albillar, Appellant., Sharon Jones, under appointment by the Court of Appeal, Ventura, for Alex Adrian Albillar, Appellant., Conrad Peterman, under appointment by the Court of Appeal, for John Madrigal, Appellant.

  • For Appellees:
  • Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Michael C. Keller, Douglas L. Wilson, Deputy Attorneys General, for Plaintiff and Respondent.
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