J
J-Cat
Guest
CALIFORNIA Defendant allowed statements and physical evidence on good faith to be admitted at trial because they were lead to believe Officer X was going to testify to establish link between co-defendants. Testimony from Officer P. stated, "Co-defendant is down the street in get away car, the suspect running in that direction." Officer A collected evidence at crime scene, went into Co-defendant's car found a small make-up bag full of small tools, a phone book with defendant's name in it, defendant's cell phone, and a screw driver. The DA admitted these as the link between defendant and co-defendant. They instructed the jury that Officer X would show how he stopped Co-defendant and detained him/her for burglary. Officer X never testified to establish link.
What actions can I take to obtain release at this point before sentencing? Do I file a motion? Can I declaim my Bentley motion after the trial before sentencing? Can I file a 995 motion before sentencing? Set a side verdict? Do I File a writ of brobhition / mandamus? (sp?) Anything I know they are going for max sentence. Also with the evidence admitted but no testimony to establish link how will that effect co-defendant? That trial is coming up too. Any direction would be helpful. Very little time before sentencing. Thank You.
What actions can I take to obtain release at this point before sentencing? Do I file a motion? Can I declaim my Bentley motion after the trial before sentencing? Can I file a 995 motion before sentencing? Set a side verdict? Do I File a writ of brobhition / mandamus? (sp?) Anything I know they are going for max sentence. Also with the evidence admitted but no testimony to establish link how will that effect co-defendant? That trial is coming up too. Any direction would be helpful. Very little time before sentencing. Thank You.