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Quintanilla v. State

Defense counsel was not ineffective for failing to object to admissible gang related photographs which showed the circumstances surrounding the gang victim's murder.

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Defendant was convicted of malice murder and aggravated assault in connection with the death of Juan Carlos Garcia Bardeles. This appeal follows the denial of defendant’s motion for a new trial.1

1. Defendant was a member of the East Side Locos gang. The victim was also a member of the gang, but he had distanced himself from gang activities. On the night in question, defendant and several fellow gang members were spray painting their gang logo on buildings and signs. The gang members encountered the victim outside of a convenience store and asked him if he would accept a “violation.” The gang administered “violations” by beating errant gang members for 20 or 30 seconds to enforce gang discipline.

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