The 2023 suspension of a criminal defense attorney from practicing law has led to a court review of his client’s conviction for attempted murder during a gang-related shooting spree in Fresno four years ago.
The California Supreme Court affirmed the suspension of Fresno attorney Nicholas Anthony Capozzi in an order filed on June 10. Disciplinary charges were filed against Capozzi by the State Bar of California last year for multiple failures in keeping clients informed about legal developments in their cases, as well as a failure to deposit client funds into trust accounts.
In turn, Capozzi was placed on probation for three years, including a minimum suspension from the legal profession for two years. Conditions for reinstatement include making reimbursements of more than $60,000 plus interest to eight former clients, paying monetary sanctions of $2,500 and passing the State Bar’s Multistate Professional Responsibility Examination.
Earlier this year, Capozzi was representing Misael Gonzalez, 31, of Fresno during the California Fifth District Court of Appeal’s review of his 85-years-to-life sentence for one count of attempted premeditated murder resulting in a victim’s loss of vision in one eye, as well as other injuries; three counts of firing into inhabited dwellings; and possession of a firearm by a felon.
The appeals court handed down its decision affirming Gonzalez’s sentence on July 24, and Capozzi continued to represent Gonzalez during the appeal period even though he was suspended weeks earlier, according to court records.
“Mr. Capozzi was suspended at the time this court issued the opinion and during the time in which appellant could have filed a petition for rehearing or a petition for review,” the appeals court said in a Sept. 6 letter requesting the state Supreme Court to review the case. “Mr. Capozzi has not notified this court of his suspension, and he is still listed as counsel of record in this matter. It is unknown whether Mr. Capozzi has informed (the) appellant of his suspension. …”
Gonzalez may be aware he was effectively without legal representation in the weeks leading up to the appeals court ruling, the Fifth District said in the letter.
“In an abundance of caution, we ask the Supreme Court to grant review on its own motion and transfer this matter back to this court for reconsideration,” the appeals court said. “Should the matter be transferred back, this court would notify appellant that Mr. Capozzi is suspended from the practice of law and inform (the) appellant that he may need to seek new counsel to help him evaluate his post-decision options.”
The state Supreme Court agreed and then transferred the case back to the Fifth District, which has directed Gonzalez to obtain new counsel and plans for supplemental briefings and oral arguments.
Capozzi’s attorney, Sausalito attorney Samuel Bellicini, declined comment about the case.
The state Attorney General’s Office would not discuss the potential for changes in Gonzalez’s sentence, saying only, “To protect its integrity, we cannot comment on a pending case.”
The State Bar’s original Notice of Disciplinary Charges against Capozzi contained 52 counts, including allegations of moral turpitude, violations of the state Business and Professions Code and failure to refund unearned fees.