People v. Sanders
117 Cal. Rptr. 3d 140
| Cal. Ct. App. | 2010Background
- Sanders shot two men at a Rare Breed Motorcycle Club party; victims Joel and Rodney survived and testified, along with eyewitness Lanny.
- Joel identified Sanders as one of the two shooters; S-1 was misidentified as Johnny in six-pack photos, but Johnny was dismissed before trial.
- Lanny testified consistently but refused to disclose the identities of people who told him S-1 was a Blood member named J; the defense argued this information was essential for cross-examination.
- The trial court allowed extensive cross-examination, gave a credibility-focused instruction, but did not strike Lanny’s testimony or grant a mistrial.
- Sanders appealed, challenging the Lanny-cross-examination rulings and the sentencing; the court remanded for a corrected, determinate term on count 2 while affirming all other aspects of the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court abused by not striking Lanny’s testimony or granting mistrial | Sanders | Sanders | No; court could premise on credibility-credence, not entirely strike. |
| Whether Lanny’s refusal to reveal sources violated due process or confrontation rights | Sanders | Lanny’s silence should not negate core identifications | No constitutional violation; preserved with cautionary instruction. |
| Whether Montes/Mason apply to determine if the base term is determinate and subordinate terms under DSA | People | Sanders | Montes applies; subordinate terms must be one-third of midterm when principal term is determinate. |
| Whether the count 2 term should be one-third of the midterm rather than the full middle term | People | Sanders | Remand to impose one-third of the midterm for count 2. |
| Whether the enhancements merge with the base term for purposes of DSA calculations | People | Sanders | Enhancement does not merge with the base term; DSA applies to determinate terms only. |
Key Cases Cited
- People v. Robinson, 196 Cal.App.2d 384 (Cal. App. 1961) (cross-examination limits when witness withholds collateral information)
- People v. Reynolds, 152 Cal.App.3d 42 (Cal. App. 1984) (striking testimony vs. keeping credibility concerns for the jury)
- People v. Seminoff, 159 Cal.App.4th 518 (Cal. App. 2008) (witness cross-examination and partial striking considerations)
- Montes, 31 Cal.4th 350 (Cal. 2003) (how to treat determinate vs indeterminate terms with enhancements)
- Mason, 96 Cal.App.4th 1 (Cal. App. 2002) (DSA applies when all terms are determinate; nuances with mixed terms)
- Cardillo, 316 F.2d 606 (2d Cir. 1963) (limits on cross-examination of collateral credibility evidence)