California Court of Appeal

In a case in which defendants were convicted of attempted murder and assault with a deadly weapon, but the jury found them not guilty of active participation in an alleged criminal street gang, and the jury rejection of gang sentencing enhancement allegations, the trial court's judgement is reversed and the matter remanded for new trial where: 1) the preliminary hearing evidence did not support the gang participation charges or the gang enhancement allegations, so the defendants' Penal Code section 995 motion to set aside the gang participation charges and the gang enhancement allegations should have been granted; and 2) the court's erroneous denial of the 995 motion resulted in a miscarriage of justice, Evid. Code section 353, and violated both defendants' state and federal constitutional due process rights to a fundamentally fair trial.

Appellate Information

• Published 2016/02/05

Judges

• THOMPSON

Court

• California Court of Appeal

Counsel