California v. Villa-GomezAnnotate this Case
Defendant Cesar Villa-Gomez appealed after he was tried and convicted by a jury on multiple assault and gang-related counts arising out of a group attack on fellow prisoners in the Yuba County jail. He was sentenced to six years in state prison. On appeal, defendant argued that the trial court erred in admitting his statements made in response to jail classification questions about his gang membership. In the published portion of its opinion, the Court of Appeal concluded that the trial court did not err in allowing defendant’s statements concerning his gang affiliation made at booking. Because the crime for which defendant was prosecuted had not yet been committed at the time he answered the classification deputy’s questions, those questions were not reasonably likely to illicit an incriminating response. Furthermore, any error in admitting these statements was harmless beyond a reasonable doubt. Defendant also made several other contentions which were addressed in the unpublished portion of this opinion. There. defendant contended: (1) there was not sufficient evidence to support his conviction for simple assault; (2) there was not sufficient evidence to support the findings on the participation in a criminal street gang count and gang enhancements; (3) the trial court failed to properly instruct the jury that defendant’s knowledge that other participants were gang members is an element of the offense of active participation in a criminal street gang and the gang enhancement; and (4) the prosecutor’s comments during closing argument about the credibility of a police witness was prejudicial prosecutorial misconduct. The Court's review revealed an unauthorized sentence related to a count that was subject to Penal Code section 654.1 To that, the Court ordered imposition of a full-term sentence instead of one-third the midterm imposed by the trial court and further ordered execution of that sentence stayed pursuant to section 654. The Court otherwise affirmed.