People v. Carballido

(Court opinion modified 8/10/11 upon denial of rehearing.) Defendant was convicted, after jury trial, of first degree murder. At time of offense, Defendant was 17, and drove the car to and from the scene where a 21-year-old member of gang allegedly shot and killed 15-year-old victim whom shooter believed was member of rival gang. Defendant raised gist of claim of ineffective assistance of counsel, as counsel failed to pursue motion to suppress his statements from police interview, where Defendant's statement of knowledge that shooter had a gun was key to State's case; and defense counsel was aware of Defendant's youth and fatigue, his intelligence and maturity, and Defendant's father testified that police refused to allow him to speak to his son. Defendant raised gist of constitutional claim in that officer who interviewed Defendant's 14-year-old sister failed to provide State with his interview field notes, and thus notes were not disclosed to defense. (HUDSON and BIRKETT, concurring.)