People v. Oceguera CA5

INTRODUCTION

Appellant Jaime Oceguera was convicted by a jury of robbery and the gang offense set forth in Penal Code1 section 186.22, subdivision (a). The jury deadlocked on a murder charge, and Oceguera thereafter pled no contest to voluntary manslaughter. Oceguera contends his state and federal rights were violated in that his once-in-jeopardy motion to dismiss all charges was wrongly denied. He also contends the trial court erred prejudicially when it denied his motion to sever the trial on the murder charge from the robbery charges. We reject his contentions and affirm the judgment.

FACTS AND PROCEDURAL HISTORY

On May 24, 2011, the Kern County District Attorney’s Office filed an amended information charging Oceguera with premeditated murder, robbery, and active participation in a criminal street gang. It also was alleged that the murder and robbery were committed for the benefit of a criminal street gang and that Oceguera discharged a firearm from a motor vehicle. Leonel Reza also was charged with murder, robbery, and active participation in a criminal street gang. On May 26, 2011, the trial court declared a mistrial on all counts. Oceguera had refused to waive his right…