Can a Change in Evidence Rules Overturn My Sentence?
A recent appellate court decision demonstrates how changes in evidence rules and legal standards can dramatically impact even the most serious cases, including those involving murder convictions and death sentences.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our appeals attorneys near you.
Real World Example: People v. Cardenas (2025)
The case involved a defendant who was initially convicted of first-degree murder and attempted murder, with the jury finding that he was an active participant in a criminal street gang and committed the murder to further the gang’s activities. This finding triggered California’s gang enhancement laws, which can significantly increase sentences—in this case, the defendant received a death sentence. However, changes to evidence rules regarding hearsay testimony and modifications to gang enhancement laws through Assembly Bill 333 created grounds for an appeal that ultimately led to a complete reversal of the gang-related charges and the death sentence.
The prosecution used expert testimony that included hearsay evidence—statements made outside of court that were offered to prove the truth of the matter asserted. Initially, this testimony was allowed under then-existing evidence rules. However, the California Supreme Court later ruled that such hearsay testimony was inadmissible in gang cases. This change was crucial because the expert had testified about predicate offenses based on case-specific hearsay rather than personal knowledge of the facts. When this testimony became inadmissible, it left insufficient evidence to support one of the predicate offenses needed to establish the gang’s pattern of criminal activity and required the court to vacate the defendant’s gang enhancement.
Understanding Gang Enhancements in California
Gang enhancement charges under California Penal Code Section 186.22 can add substantial prison time to underlying criminal convictions. To prove a gang enhancement, prosecutors must establish:
- That the defendant actively participated in a criminal street gang
- That the defendant knew the gang engaged in a pattern of criminal gang activity
- That the crime was committed for the benefit of, at the direction of, or in association with the gang
The prosecution typically relies on expert testimony and evidence of “predicate offenses”—previous crimes committed by gang members to establish a pattern of criminal activity.
How Our Criminal Defense Firm Can Help
Gang enhancement cases require attorneys who understand both the substantive law and the complex evidentiary issues involved. Our firm stays current with changes in criminal law and evidence rules, allowing us to identify opportunities that other attorneys might miss.
Whether you’re facing initial charges or considering an appeal, we can evaluate your case for:
- Challenges to expert testimony and its foundation
- Issues with predicate offense evidence
- Potential benefits from recent legislative changes
- Interconnected charging theories that might be vulnerable to challenge
The criminal justice system is constantly evolving, and what matters most is having advocates who evolve with it, always fighting to ensure that prosecutions meet the highest standards of evidence and legal procedure.
Contact Wallin & Klarich Today
If you are facing criminal charges, you need to contact an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.
