[Download] "People V. Albarran" by In the Court of Appeal of the State of California Second Appellate District Division Seven " Book PDF Kindle ePub Free
eBook details
- Title: People V. Albarran
- Author : In the Court of Appeal of the State of California Second Appellate District Division Seven
- Release Date : January 02, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 87 KB
Description
Adan Albarran appeals his convictions for attempted murder, shooting at an inhabited dwelling and attempted kidnapping for carjacking. In connection with these offenses, the People asserted gang enhancements pursuant to Penal Code section 186.22, alleging the crimes were committed for the benefit of a criminal street gang. Prior to trial Albarran sought to exclude evidence of his gang affiliation and the other gang evidence arguing it was irrelevant to the charges and was inadmissible under Evidence Code section 352. After conducting a section 402 hearing, the court concluded a sufficient factual foundation existed to support the gang allegations and that the gang evidence was relevant (and not overly prejudicial) on the issues of intent and motive for the underlying charges. The jury convicted Albarran, and found the gang allegations true. Thereafter, Albarran filed a motion for a new trial asserting sufficient evidence did not support the gang allegations and that admission of irrelevant and prejudicial gang evidence warranted a new trial on all charges. The trial court granted the new trial motion with respect to the gang allegations, but denied it as to the underlying charges finding the gang evidence was relevant to issues of intent.