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Name: People v. Beman
Case #: A153841
Court: CA Supreme Court
District 1 DCA
Division: 2
Opinion Date: 02/21/2019

Trial court did not err by imposing consecutive sentences for conspiracy and the substantive offenses. Beman pleaded no contest to one count of conspiracy to commit human trafficking based on allegations that for more than seven years he and his coconspirators used threats, force, and violence in pimping at least three victims. Beman also pleaded no contest to two counts of human trafficking for his conduct against one of the three victims. Beman was sentenced to prison. He appealed, arguing that the two consecutive terms for the substantive human trafficking counts must be stayed under Penal Code section 654 because…

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Name: People v. Cortez
Case #: E064915
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/20/2018

In conspiracy to commit murder case, trial court did not err in failing to instruct the jury on conspiracy to commit lesser offenses based on the overt acts described in the information. Cortez and his friend conspired to murder Perez and his son, Alvino. In this endeavor, the defendants shot into a car containing Perez and Alvino, and fired numerous rounds into the house of Perez's relative. The defendants were convicted of conspiracy to commit murder and other offenses. On appeal Cortez argued the trial court committed reversible error by not instructing the jury on conspiracy to commit assault and…

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Name: People v. Ruiz
Case #: S235556
Court: CA Supreme Court
District CalSup
Opinion Date: 05/17/2018

Because a criminal laboratory analysis fee and drug program fee must be imposed for a conviction of transporting a controlled substance, imposition of these fines are also proper for a conviction of conspiracy to transport a controlled substance. Ruiz pleaded no contest to a charge of conspiracy to transport a controlled substance (Pen. Code, § 182; Health & Saf. Code, § 11379). As part of his sentence, the court imposed a $50 criminal laboratory analysis fee (Health & Saf. Code, § 11372.5, subd. (a)) and a $100 drug program fee (Health & Saf. Code, § 11372.7, subd. (a)). On appeal,…

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Name: People v. Segura
Case #: G051280
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 08/05/2015

Proposition 47 does not authorize the trial court to reduce felony conspiracy conviction to a misdemeanor even if the offense the defendant conspired to commit was reduced to a misdemeanor. Segura and two codefendants planned and executed a theft at a 7-Eleven. Segura pled guilty to second degree burglary (Pen. Code, §§ 459, 460, subd. (b)) and conspiracy to commit theft (Pen. Code, §§ 182, subd. (a)(1), 484, subd. (a), 488), which were both felonies at the time. After Proposition 47 passed, he petitioned to have both convictions reduced to misdemeanors. The trial court granted the petition with respect to…

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Name: People v. Vega-Robles
Case #: A137121
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 05/05/2015
Subsequent History: Review granted 7/29/2015: S226913

First degree premeditated murder conviction reversed because it may have been based on the natural and probable consequences doctrine. Vega-Robles was convicted of numerous gang-related crimes, including the first degree murder of Grockett. The evidence at trial showed that Vega-Robles imported large quantities of methamphetamine from Mexico and sold it to two different gangs: FAIM and RST. Those gangs, in turn, re-sold the meth to lower-level dealers, including Grockett. Vega-Robles and others, including a FAIM gang member, shot and killed Grockett due to a disagreement over the price of the drugs. The jury had been instructed, and the prosecution…

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Name: People v. Rivera
Case #: C074297
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/09/2015

Defendant may not be convicted of first degree murder based on evidence that the murder was the natural and probable consequence of an uncharged conspiracy with the target crime of discharging a firearm at an occupied vehicle. A jury found codefendants Rivera and Huante guilty of first degree murder for the shooting death of Flores in retaliation for stolen drugs. Rivera was the actual shooter. On appeal, Huante contended his conviction for first degree murder of Flores had to be reversed because the instructions impermissibly allowed the jury to find him guilty if it found the target crime of the…

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Name: In re Y.R.
Case #: D063769
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/03/2014

Minor's trespass conviction reversed where evidence failed to prove she "occupied" premises within the meaning of Penal Code section 602, subdivision (m). The minor challenged true findings she committed vandalism (Pen. Code, § 594, subd. (a) & (b)(1)) and trespass (Pen. Code, § 602, subd. (m)). The prosecution claimed that the minor conspired with her boyfriend to trespass into a clubhouse so they could spend time together there, and that she was vicariously liable for the boyfriend's acts of forcing open a door and entering the premises as a natural and probable consequence of the trespass. Held: Reversed. Section 602,…

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Name: People v. Biane
Case #: S207250
Court: CA Supreme Court
District CalSup
Opinion Date: 12/23/2013

The offeror of a bribe may be charged with aiding and abetting the recipient's receipt of the bribe, as well as conspiracy to receive the bribe, when the offeror's conduct goes beyond merely offering or paying a bribe. An indictment charged defendants Burum and his agent Erwin with using threats, intimidation, and coercion to aid and abet the receipt of bribes by members of a county board of supervisors. It was also alleged that the defendants conspired with the supervisors and others to have the bribes accepted in exchange for the supervisors' approval of a settlement between Burum's company and…

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Name: People v. Johnson
Case #: B241044
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 11/19/2013

Defendant who planned and directed home invasion robbery is culpable for provocative act murder even though he was not at the scene of the killing. Defendant sent his accomplices to the home of Peter Davis, who grew medical marijuana, to rob him. One accomplice, Baker-Riley, threatened Davis with a gun. In response, Davis grabbed his gun and fired it, killing accomplice Alvarez. Defendant was convicted of first degree provocative act murder and a Penal Code section 12022, subdivision (a)(1) gun enhancement, resulting in a 26-years-to-life sentence. Defendant challenged his conviction, claiming he could not be convicted of murder under…

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Name: People v. Johnson
Case #: S202790
Court: CA Supreme Court
District CalSup
Opinion Date: 07/18/2013

Conspiracy to actively participate in a criminal street gang qualifies as a crime. Appellants were charged and convicted of conspiracy to commit felony assault, robbery, murder, and gang participation, in addition to other offenses. The appellate court found that conspiracy to actively participate in a criminal street gang did not qualify as a crime. Reversed as to this finding. The Supreme Count observed that there is nothing in the plain language of either the conspiracy statute (Pen. Code, § 182) or the active gang participation statute (Pen. Code, § 186.22, subdivision (a)) that supports the appellate court's finding. Concluding that…

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