P. v. Packard CA5
Defendants Calvin Deprese Packard, Corderick Dewayne Gage, and Clifton DeWayne Thomas, Jr., were convicted, inter alia, of three counts of robbery of people inside the American Green Farmers marijuana dispensary and two counts of assault with a firearm. Packard, who was the getaway driver, contends the trial court erred in failing sua sponte to instruct the jury to appraise a codefendant’s alibi defense with caution. Packard argues there was insufficient evidence he delayed an officer prior to his arrest. Gage contends the judge demonstrated bias against his counsel during voir dire, and his trial counsel was ineffective for failing to obtain admissible phone records used as part of his alibi defense. Defendants argue there was not substantial evidence Shanta Jones was robbed because she was not near the stolen property and had no control over it.
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