People v. Diaz
California Court of Appeal, 5th District
1Opinion of the CourtDetjen, J.
*541INTRODUCTION
Turlock Hernan Diaz and Daniel Pantoja (Diaz and Pantoja, respectively; collectively, defendants) were charged, together with J.P., with murder ( Pen. Code,1 *501§ 187, subd. (a) ; count I) and attempted carjacking (§§ 215, subd. (a), 664; count II). As to both counts, it was alleged the crime was committed for the benefit of or in association with a criminal street gang (§ 186.22, subd. (b)(1) ), and that a principal personally and intentionally discharged a firearm, proximately causing great bodily injury or death (§ 12022.53, subds. (d), (e)(1) ).
Pantoja's motion to sever trials…
2Cases cited18 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Whalen v. United StatesSupreme Court of the United States · 1980
- People v. DillonCalifornia Supreme Court · 1983
- People v. ChunCalifornia Supreme Court · 2009
- People v. FranklinCalifornia Supreme Court · 2016
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3Cited by4 opinions
- People v. Hargis, California Court of Appeal, 5th District2019
- People v. Superior Court of Stanislaus Cnty., California Court of Appeal, 5th District2019
- People v. HargisCalifornia Court of Appeal · 2019
- People v. Pantoja CA5California Court of Appeal · 2020