State of California v. Robert David Cabada

Riverside, California criminal defense lawyer represented the Defendant charged with



In October 2007, a jury convicted defendant of aggravated kidnapping (§ 209, subd. (b)(1); count 1), forced oral copulation (§ 288a, subd. (c)(2); count 2), and criminal threats (§ 422; count 3). The jury found defendant used a deadly or dangerous weapon in the commission of counts 1 and 2. (§§ 12022, subd. (b)(1), 12022.3, subd. (a).) The jury also found several one-strike circumstances true regarding count 2, in particular: simple and aggravated kidnapping, and dangerous weapon use. (§ 667.61, subds. (d)(2), (e)(1) &(e)(4).) In January 2008, the trial court sentenced defendant to an aggregate prison term of 26 years to life.



Legal issue Can a defendant file a freestanding motion for discovery under the Racial Justice Act when there is no pending proceeding alleging a violation of the Act?

Key Phrases Postconviction motion. Racial Justice Act. Discovery request. Habeas corpus petition. Interlocutory order.

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Kent Morlan, Esq.

Affirmed