Bojorquez

People v. Bojorquez

Good Law
104 Cal. App. 4th 335·128 Cal. Rptr. 2d 411·2002 Cal. App. LEXIS 5148·2002 Daily Journal DAR 14122·2002 Cal. Daily Op. Serv. 12028
Court of Appeal of CaliforniaNovember 13, 2002No. B153046California3,938 words

Opinion

lead Opinion

Cooper, J.

Ismael Bojorquez appeals from the judgment rendered after a jury convicted him of robbery (Pen. Code, § 211; undesignated section references are to that code) and false imprisonment by violence (§ 236), and found that he personally used a firearm in committing both offenses (§§ 12022.5, subd. (a)(1), 12022.53, subd. (b)), and was armed when he committed the false imprisonment (§ 12022, subd. (a)(1)). Sentenced to a term of 16 years, he contends that the admission of testimony as to his and a defense witness’s gang affiliation, and about certain criminal characteristics of gangs, constituted reversible error. We conclude that although the evidence regarding common gang membership was admissible for impeachment, the court abused its discretion in further admitting wide-ranging testimony about gangs’ criminal tendencies. Because the error was prejudicial, we must reverse the judgment.

Facts

Appellant was charged together with Emiliano Gutierrez, who pled no contest to the robbery count at the commencement of trial and is not a party to this appeal. Viewed in accordance with the governing rules of appellate *338 review (People v. Ochoa (1993) 6 CalAth 1199, 1206 [ 26…

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