P. v. Wallace CA1/2
In October of 2010, Larry Belle and Gary Ferguson were shot multiple times by two gunmen as they stood talking outside of a barbershop in Berkeley. Appellant Brandon Wallace (Wallace) and his codefendant Coleon Carroll (Carroll) were ultimately charged with murder and attempted murder in connection with the shooting. Carroll pled no contest to voluntary manslaughter, but Wallace went to trial and a jury found him guilty as charged. Wallace then moved for a new trial on the grounds of newly discovered evidence in the form of Carroll’s testimony that it was Carroll’s cousin Jermaine Davis (Davis), and not Wallace, who was with him on the day of the shooting. The trial court denied the motion, finding Carroll’s testimony not credible. appeal, Wallace contends that the trial court erred.
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