Kang

The court has read and considered the motions filed on November 5, 2002, by the People requesting this court to vacate its April 15, 2002, order recalling the remittitur and reinstating appeal No. B134480 and consolidating it with appeal No. B155077, and, further to dismiss the consolidated appeals in their entirety. The opposition to the motions filed on November 18, 2002, by appellant Hyun Gu Kang has also been read and considered. The motions were submitted following oral argument on January 17, 2003.

Factual Background

On April 2, 2002, counsel for Hyun Gu Kang filed a motion to recall the remittitur and to reinstate his dismissed appeal No. B134480 and to consolidate it with his later filed appeal No. B155077. No opposition was filed. On April 15, 2002, this court issued an order recalling the remittitur and reinstating appeal No. B134480 and consolidating it with appeal No. B155077.

In summary, the factual background is the same for both appeals as there was only one criminal prosecution and conviction of Kang and three codefendants for multiple counts of rape, sodomy, robbery, burglary, and conspiracy. On February 16, 1999, the jury returned a verdict finding…