Friedman

People v. Friedman

Good Law
111 Cal. App. 4th 824·2003 Cal. App. LEXIS 1318·2003 Daily Journal DAR 9809·4 Cal. Rptr. 3d 273·2003 Cal. Daily Op. Serv. 7873
Court of Appeal of CaliforniaAugust 27, 2003B159149California6,036 words

Opinion

Opinion

Turner, J.

I. INTRODUCTION

Pursuant to Penal Code section 1238, subdivision (a)(8), the prosecution appeals from the trial court’s April 12, 2002, order dismissing all counts in the amended information against defendants, Gary Friedman, Kenneth Friedman, Carlos Rodriguez, and Juan Galindo. The amended information charged each defendant with two counts of murder (§ 187, subd. (a)) and two counts of kidnapping for ransom. (§ 209, subd. (a).) The amended information also alleged the following special circumstances were present: the killings were intentional and carried out for financial gain (§ 190.2, subd. (a)(1)); multiple murders were committed (§ 190.2, subd. (a)(3)); and the murders’ were committed during a kidnapping. (§ 190.2, subd. (a)(17)(B).) The prosecution argues the trial court improperly dismissed the amended information pursuant to section 656. We agree.

H. FACTUAL AND PROCEDURAL BACKGROUND

The relevant facts are taken from the opinion in U.S. v. Friedman (2d Cir. 2002) 300 F.3d 111 , 116-119: “Gary Friedman was an attorney who practiced in New York. The evidence at trial showed that, in 1991, Friedman began committing crimes, including robbery, extortion, kidnapping,…

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