Briceno

Briceno v. Scribner

Good Law
United States Court of Appeals for the Ninth CircuitFebruary 23, 200907-55665California10,649 words

Opinion

Opinion

I. Introduction

Alberto Francisco Briceno appeals from a judgment of the United States District Court for the Central District of Califor- nia (Morrow, J.) denying his petition for a writ of habeas cor- pus. Briceno was convicted, following a jury trial, of four counts of second degree robbery and four counts of street ter- rorism in the Superior Court of Orange County. The jury also found that the robberies were committed for the benefit of a criminal street gang. Briceno pursued various challenges to his convictions in the California state courts and in the Dis- trict Court. Ultimately, we granted a certificate of appeala- bility as to two issues that are now before us to resolve: “(1) whether there is sufficient evidence to support the gang enhancement convictions for each robbery; and (2) whether the trial court erred by allowing the prosecution’s expert to testify that the gang enhancement allegations were true.” See 28 U.S.C. § 2253(c)(3). After setting forth the background facts, we analyze these issues in reverse order, answering both in the negative.

II. Of the Crimes

Briceno and Evaristo Landin robbed four individuals in Orange County on Christmas Day 2000 in…

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