People v. Cruz-Banuelos CA1/1

INTRODUCTION

In 2011, brothers Johnnie and Thabiti Terry were stabbed during pre-Halloween celebrations in downtown Santa Rosa, the apparent victims of gang violence. Both men identified defendant, a known gang member, as their assailant. A brand new knife, bought the day after the stabbing, was found in defendant’s car. A jury convicted him of the assaults. Defendant, represented by new counsel, brought an unsuccessful motion for a new trial, alleging trial counsel was ineffective for failing to move for suppression of the victims’ pretrial identifications, and for failing to present an expert on eyewitness identification. The court sentenced defendant to state prison for 17 years four months. Defendant timely appeals, contending his trial attorney rendered ineffective assistance of counsel. We find counsel was not ineffective and affirm the judgment.

STATEMENT OF THE CASE

Defendant was charged in a three-count information with being an active participant in a criminal street gang and assaulting Johnnie and Thabiti Terry with a knife. (Pen. Code, §§ 186.22, subd. (a), 245, subd. (a)(1).)1 Defendant was alleged to have personally inflicted great bodily injury on both men and to…