People v. Casillas, Cr. 22056
| Citation | 33 Cal.App.3d 1078,109 Cal.Rptr. 579 |
| Decision Date | 22 August 1973 |
| Docket Number | Cr. 22056 |
| Court | California Court of Appeals |
| Parties | The PEOPLE, Plaintiff and Respondent, v. Eddie CASILLAS, Defendant and Appellant. |
Robert H. Perez and Robert Mann, Los Angeles, for defendant and appellant.
Evelle J. Younger, Atty. Gen., Edward A. Hinz, Jr., Chief Asst. Atty. Gen., Crim. Div., William E. James, Asst. Atty. Gen., Appeals Section, Howard J. Schwab and Donald J. Oeser, Deputy Attys. Gen., for plaintiff and respondent.
After a submission on the proceedings had at the preliminary hearing, defendant was found guilty of violating section 69 of the Penal Code, as charged in count IV of the amended information. The court granted defendant probation for a period of five years upon certain terms and conditions. Defendant filed a timely notice of appeal.
On September 16, 1971, Arthur T. Morales was a deputy sheriff assigned to a patrol division. He was on duty as a driver for Inspector Freeman, who was in charge of a parade being held on that date. Morales was in uniform and driving a marked sheriff's vehicle. At approximately 6 p.m. the officer observed defendant on Brooklyn Avenue in front of a group of about 20 persons. Defendant was raising his arms over his head and shouting 'Chicano power' and other slogans.
Defendant moved with the group towards Vancouver and Brooklyn Avenue and the crowd increased in size to 150 to 200 persons. Defendant was addressing the crowd and directing their attention to Officer Morales and the other officers present. Defendant was yelling to the crowd to 'Get their batons, get them, get their guns and kill them' and to get the 'pigs.' Many in the crowd, including defendant, yelled obscenities at the officers and threw bottles at the two or three officers on Brooklyn Avenue. Rocks and sticks were also hurled at the officers, who were in uniform and performing traffic control functions. The officers were forced to leave the location.
During the bombardment, Inspector Freeman directed Officer Morales to give an informal dispersal order to the crowd which Morales gave in English and Spanish. The crowd then 'bombarded' the officers with rocks, bottles and trash.
Defendant was leading the crowd and yelling to them to 'throw rocks' and 'kill the pigs, let's get them,' and 'beat the pigs.'
The officers called for assistance. When other deputies arrived a riot was in progress. Rocks, bottles, stones, trash and various items were being thrown at the officers. The crowd was being directed westbound on Brooklyn Avenue by defendant and into the Maravilla project. Rocks, missiles and bottles were continually thrown at the officers and the size of the crowd had then grown to approximately 300 people.
Defendant in his brief raises many contentions and arguments for a reversal, but we need consider only one upon which we reverse the judgment (order granting probation).
Defendant contends that the court's refusal to transfer his trial to the Central District denied him a jury trial in the district where the crime was committed, and also denied him equal protection of the law. Defendant argues that the crime was committed in the Central...
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...and 124--133, 115 Cal.Rptr. 109; People v. Murphy (1973) 35 Cal.App.3d 905, 917--919, 111 Cal.Rptr. 295; People v. Casillas (1973) 33 Cal.App.3d 1078, 1080, 109 Cal.Rptr. 579; People v. Gonzalez (1972) 28 Cal.App.3d 1091, 1097, 104 Cal.Rptr. 530 (overruled on other grounds People v. Schuere......
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