Vallejo

Vallejo v. Super. Ct.

Good Law
Court of Appeal of CaliforniaDecember 23, 2021H048233California7,102 words

Opinion

Opinion

Grover, J.

I. BACKGROUND

Cesar P. was shot and killed in December 2016. A year later, murder charges were filed against Angel Santacruz, Guillermo Cervantes, Jose Alcantar, and Joseph Duran. Petitioner Alicia Vallejo (Duran’s mother) was charged as an accessory after the fact to murder. The charges were dismissed and refiled in 2018 against all codefendants 2 except Santacruz, who became the People’s witness and singled out codefendant Cervantes as the shooter. An amended information charged Cervantes, Alcantar, and Duran with conspiracy to commit murder (Pen. Code, §§ 182, subd. (a)(1), 187; count 1), murder (id., § 187; count 2), and active participation in a criminal street gang (id., § 186.22, subd. (a); count 3). Petitioner was charged as an accessory after the fact to murder. (Id., § 32; count 4.)1 We describe the chronology of proceedings in some detail because it is germane to our analysis. The case was assigned for trial to Judge Colin. Pre-trial motions began on December 17, 2019, with Santacruz’s credibility featuring prominently. The hearings were unwieldly at times, and the court expressed frustration toward all parties. Judge Colin threatened the prosecutor with contempt on…

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