People v. Cardenas

Summary

The court reversed the gang enhancements, gang-murder special-circumstance finding, death judgment, and judgments of conviction because posttrial evidentiary and statutory developments left insufficient admissible evidence to establish the required pattern of criminal gang activity. It also rejected Cardenas's claims concerning prosecutorial recusal and bifurcation, while finding sufficient evidence under the law applicable at trial to permit retrial of the gang allegations. The court ordered a limited remand to develop Cardenas's claim that counsel violated his Sixth Amendment autonomy right by conceding responsibility for the shooting over his objection, and authorized further proceedings on other statutory claims.