Legal Question in Criminal Law in California
My Husband was charged with four counts of robbery. Later in the year he pick up a separate case of possesion of a gun he has not been convicted for the gun charge. Though, this case was brought up in trial for the first case. Was there any right violated due that he was ot convicted yet the prosecutor mention parts of that case?
2 Answers from Attorneys
Hopefully your husband's attorney made a motion to exclude evidence of the gun at the robbery trial. If the judge denied the motion and either a prosecution witness testified about the gun or your husband testified and on cross examination admitted to having the gun the prosecutor can mention the gun either in his opening or closing.
yes that may be ok to mention depending on a motion in limine and what was ruled (decided) on that by the Judge prior to the trial.
Talk to an appellate attorney for any apparent appellate issues. One appellate specialist on LawGuru is Edward Hoffman - call him at (310) 442-3600. Good luck!
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