PEOPLE v. PENA

No. H023394.

28 Cal.Rptr.3d 69 (2005)

The PEOPLE, Plaintiff and Respondent, v. Steven PENA et al., Defendants and Appellants.

Court of Appeals of California, Sixth District.

As Modified on Denial of Rehearing May 27, 2005.

Review Granted July 27, 2005.


Attorney(s) appearing for the Case

Law Offices of Sara Theiss, Sara Theiss, San Francisco, Attorney for Defendant and Appellant — Pena (Under appointment by the Sixth District Appellate Program).

Balin & Kotler, Eileen Kotler, Pacifica, Attorney for Defendant and Appellant — Castaneda (Under appointment by the Sixth District Appellate Program).

Law Offices of Barbara Michel, Barbara Michel, for Attorney for Defendant and Appellant, Perez.

Law Offices of John F. Schuck, John F. Schuck, Palo Alto, Attorney for Defendant and Appellant — Carrasco (Under appointment by the Sixth District Appellate Program).

Law Offices of Peter Gold, Peter Gold, Berkeley, Attorney for Defendant and Appellant — Patlan.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Acting Senior Assistant Attorney General, Rene A. Chacon, Supervising Deputy Attorney General, Bridget Billeter, Deputy Attorney General, Attorneys for Plaintiff and Respondent.


RUSHING, P.J.

In this case, we are called upon to apply the principles set forth in Crawford v. Washington (2004) 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (Crawford), in the context of the joint trial of five alleged gang members accused of an assault on a fellow jail inmate.

Defendants Castenada, Patlan, Pena and Perez contend that the admission of codefendant Carrasco's extrajudicial statement to Officer...

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