PEOPLE v. ALBILLAR

No. S163905.

51 Cal.4th 47 (2010)

THE PEOPLE, Plaintiff and Respondent, v. ALBERT ANDREW ALBILLAR et al., Defendants and Appellants.

Supreme Court of California.

December 20, 2010.


Attorney(s) appearing for the Case

Vanessa Place , under appointment by the Supreme Court, for Defendant and Appellant Albert Andrew Albillar.

Sharon M. Jones , under appointment by the Supreme Court, for Defendant and Appellant Alex Adrian Albillar.

Conrad Petermann , under appointment by the Supreme Court, for Defendant and Appellant John Madrigal.

Duane A. Dammeyer , Public Defender (Ventura) and Michael C. McMahon , Chief Deputy Public Defender, for California Public Defenders Association and Public Defender of Ventura County as Amici Curiae on behalf of Defendants and Appellants.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Assistant Attorney General, Michael C. Keller , Lawrence M. Daniels , Scott A. Taryle , David A. Wildman and Douglas L. Wilson , Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

BAXTER, J.

Defendants Albert Andrew Albillar, Alex Albillar, and John Madrigal stand convicted by a jury of forcible rape while acting in concert (Pen. Code, §§ 261, subd. (a)(2), 264.1), forcible sexual penetration while acting in concert (id., §§ 289, subd. (a)(1), 264.1), and active participation in a criminal street gang (id., § 186.22, subd. (a)). The jury further found that the sex offenses were committed...

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