THE PEOPLE v. ANDREW VASQUEZ
Filed 7/10/06
IN THE SUPREME COURT OF CALIFORNIA
)
v. )
Defendants and Appellants. ) Super. Ct. No. BA200494
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Does the erroneous denial of a defendant's motion to disqualify the prosecuting district attorney's office for a conflict of interest (Pen. Code, § 1424) constitute a deprivation of due process? We conclude that not all erroneous denials under Penal Code section 1424 result in due process violations; we further conclude the participation of a conflicted prosecutor in this case did not do so. We therefore reject defendants' contention that the Court of Appeal erred in failing to assess the prejudice flowing from constitutional error. We further conclude that the trial court's failure to disqualify the prosecutor in this case, an error under Penal Code section 1424, was not prejudicial under the standard of People v. Watson (1956) 46 Cal.2d 818.
Factual and Procedural Background
Defendants Andrew Vasquez and Anthony Fregoso were charged with the murder of Armando Ayala, with allegations Vasquez personally used a knife and Fregoso personally used a baseball bat in the crime. (Pen. Code, §§ 187, 12022, subd. (b)(1).)[1] After a joint trial, both defendants were found guilty of second degree murder, the use allegations were found true, and they were each sentenced to 16 years to life in prison.
The facts of the offense are not important to the issues we address here. As summarized by the Court of Appeal (neither party disputes the lower court's accuracy), the trial testimony showed, in brief, the following: Defendants and the victim belonged to rival â€
