Thomas Cal. Two]; People v.
Particular symbols indicate that a southern Hispanic gang is affiliated with the Mexican Mafia. Defendant said he was getting ready to go to bed, but allowed Ramirez to come over after Ramirez said he was just down the street and he would not take long.
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Since he was 12 years old, the longest time he had been out of custody was an eight-month period in When he was still a minor, he was sent to the California Youth Authority for assault with a deadly weapon. Around a. Verdicts and Sentencing The jury found defendant guilty as charged of possessing methamphetamine and active gang participation on or about December 5, The trial court found defendant had three prior strike convictions Pen. Defendant was sentenced to 40 years to life, comprised of 25 21 years to life for his active gang participation plus five years for each of his three prior serious felony convictions.
Background The confrontation clause of the Sixth Amendment to the United States Constitution grants a criminal defendant the right to confront adverse witnesses. We got who we want. Defense Evidence Ramirez and defendant testified for the defense. Deputy Roper searched Ramirez and found a plastic scale and a bag of suspected methamphetamine in his pockets. These include the acronym SUR, the 13, La Eme, and a kanpol symbol, which is two lines and three dots ifying the Mayan The deputy had personally completed a gang identification card documenting Ramirez as an ESV gang member.
During jury selection at their t trial, Ramirez pled guilty to both charges and admitted a prior strike conviction and four prison priors. As he was getting high himself, he was not paying attention. The jury heard that the week before he testified Ramirez pled guilty to possession of methamphetamine and active gang participation. He got the tattoos in prison 10 years earlier. He was later sentenced to five years four months in prison. He grabbed his bags of methamphetamine and dropped a couple of them as he was going toward the garage door.
Ramirez just wanted to know what defendant thought about the situation. He did not sell defendant any methamphetamine, though he supported his own methamphetamine habit by selling the drug. Ramirez understood the car was about to be repossessed, and the woman told him he could take the car if he gave her some methamphetamine. Archuleta Dec. Washington U. People v.
Inhe pled guilty to attempting to possess a dangerous weapon, a dismantled shotgun. Cooper Cal. Ramirez Cal. Sisneros Cal. Defendant petitioned the state Supreme Court for review of Archuleta I, review was granted and deferred, and the matter was transferred to this court with directions to vacate our decision in Archuleta I and reconsider the cause in light of Williams v. We therefore affirm the judgment in its entirety. It had recently become common for gang members not to get gang-related tattoos in order to prevent law enforcement officers from easily identifying them as gang members. Ramirez had a large bag and several smaller bags of methamphetamine with him.
He brought some methamphetamine, a scale, and a cellular telephone with him. A vehicle parked in front of the residence had recently been reported stolen.
He did not see what happened to the bag he gave defendant. Edwards 57 Cal. Thomas, supra, Cal. Deputy Conley had never arrested defendant or any other ESV gang member for violating the injunction.
In that capacity, he performed parole compliance checks and contacted parole agents and gang members at parole offices. Defendant was placed under arrest, but Ramirez was allowed to leave. Lopez 55 Cal. Dungo 55 Cal. Rutterschmidt 55 Cal. Rules of Court, rules 8. The woman who gave him the car did not give him the car keys; the ignition was punched; and he started the car with a screwdriver. The document was placed on an overhead projector and published to the jury. When Ramirez arrived, he pulled out some methamphetamine and offered some to defendant.
The garage door opened, and defendant and Ramirez were in the garage. Williams, supra, S. The prosecution did not show that Perez was unavailable or that defendant had a prior opportunity to cross-examine him. Defendant did not use any methamphetamine with Ramirez, but had used the drug earlier that day. Plaintiff's Attorney: Edmund G. Brown, Jr. Harris, Attorneys General, Dane R.
Schons and Julie L. Garland, Assistant. He did not know the car had been reported stolen. Espinosa was not found at the residence.
Crawford, supra, U. We therefore conclude that the use or admission of the statement violated Crawford. A second classification sheet dated December 5,the date defendant was arrested on the current charges, indicated he was a member of the Vario Victoria Rifa and the Mexican Mafia.
Deputy Conley had experienced many personal contacts with gang members while working in jails in Los Angeles and San Bernardino Counties. He had prior felony convictions for negligent discharge of a firearm inpossession of a stolen vehicle inand being a felon in possession of a firearm in Ramirez denied being a member of ESV until the week earlier, when he pled guilty to the active gang participation charge.
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During the robbery, Delonie was shot and killed by the drug dealer, and Perez was shot and wounded. In a decision in this case People v.
Deputy Conley was familiar East side victoria gang an offense defendant committed on September 1,namely, attempted possession of a firearm by a felon. Inhe was convicted of attempted murder, assault with a deadly weapon, and second degree burglary, and served eight and one-half years in prison.
In andhe was convicted of being a felon in possession of a firearm. The court overruled these objections. When asked under cross-examination why he was putting the methamphetamine into bags, Ramirez said he was going to give one bag to the lady who gave him the Camry in exchange for her allowing him to use the car for a couple of days.
Arounddefendant and other South Side families were involved in a fight against East Side families, but defendant later made peace with the East Side families. In addition, a gang identification card documented defendant as a member of the ESV. Defendant ed the classification sheet acknowledging his gang status. During the course of his seven-year career, he had spoken with over 1, gang members and had documented over gang members. The expert based his opinion in part on the testimonial hearsay statement of another ESV gang member, Fernando Perez.
The court took judicial notice of a court file concerning the offense. Description: A jury found defendant Fred Edward Archuleta guilty as charged of possessing a controlled substance, methamphetamine, and active gang participation. Defendant was not charged for the robbery or the murder.
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Defendant was using a cellular telephone, and Ramirez dropped a bag of suspected methamphetamine on the garage floor. The three suspected bags of methamphetamine were later tested and determined to contain 2. The Circumstances of the Charged Offenses Around a. As we further explain, however, the federal constitutional error was harmless beyond a reasonable doubt.
Apparently, the bag containing the smallest amount of methamphetamine was the bag found on defendant. Help support the publication of case reports on MoreLaw. The deputy had personally contacted between 40 and 50 ESV gang members. Ramirez and defendant were originally charged in the same two-count information with simple possession of methamphetamine and active gang participation.
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Perez apparently made the statement during a custodial police interrogation following his arrest for the November robbery and the provocative act murder of an ESV gang member who was shot and killed during the robbery. Defendant waited for Ramirez in his garage.
He believed defendant also got high, but he did not actually see defendant use the drug. We consider the confrontation clause claim preserved for review.
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Defendant said he would take some of 19 the drug, and Ramirez put some in a bag for defendant and put the bag on a table. The bag Ramirez made for defendant was with the other bags Ramirez grabbed when the officers were outside. Ramirez insisted that the methamphetamine belonged to him and he could not let defendant spend the rest of his life in prison for something he Ramirez did.
