California Court of Appeal

Following defendant's conviction of second degree commercial burglary, with a finding of a prior serious felony strike conviction, the trial court erred in denying a new trial, where: 1) the trial court misunderstood its duty and the correct legal standard in ruling on the new trial motion; 2) the trial judge repeatedly stated that he found the alibi evidence credible, other persons had access to the truck and the tools within, and that defendant was not "the right man;" 3) based upon the trial judge's review of the weight of the evidence and witness credibility, defendant was entitled to a new trial; but 4) the trial court's decision to permit evidence of the witnesses' 11-year-old convictions was not unreasonable and within its discretion.

Appellate Information

• Decided 06/24/2014
• Published 06/24/2014

Judges

• GILBERT

Court

• California Court of Appeal

Counsel