People v. Aguilera
| Decision Date | 20 March 2020 |
| Docket Number | F073866 |
| Court | California Court of Appeals |
| Parties | THE PEOPLE, Plaintiff and Respondent, v. AARON MICHAEL AGUILERA et al., Defendants and Appellants. |
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
OPINIONAPPEAL from a judgment of the Superior Court of Stanislaus County. Marie Sovey Silveira, Judge.
Stephen Greenberg, under appointment by the Court of Appeal, for Defendant and Appellant Aaron Michael Aguilera.
David Y. Stanley, under appointment by the Court of Appeal, for Defendant and Appellant Randy Jonathan Sifuentez.
Marcia C. Levine, under appointment by the Court of Appeal, for Defendant and Appellant Joe Luis Ramirez, Jr.
Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Christopher J. Rench, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo- Aaron Michael Aguilera, Randy Jonathan Sifuentez, and Joe Luis Ramirez, Jr. (Aguilera, Sifuentez, and Ramirez, respectively; collectively, defendants) stand convicted, following a jury trial, of premeditated murder. (Pen. Code,1 § 187, subd. (a); counts I & II.)2 In addition, Aguilera and Sifuentez were convicted of shooting at an inhabited dwelling. (§ 246; count III.) As to all defendants, the jury found true a multiple murder special circumstance (§ 190.2, subd. (a)(3)) with respect to counts I and II. The jury also found counts I and II (and, with respect to Aguilera and Sifuentez, count III) were committed for the benefit of, at the direction of, or in association with a criminal street gang. (§ 186.22, subd. (b)(1).) As to counts I and II, Aguilera and Sifuentez were found to have personally and intentionally discharged a firearm, proximately causing death (§ 12022.53, subd. (d)), while, as to Ramirez, the jury found a principal personally and intentionally discharged a firearm, proximately causing death (§ 12022.53, subds. (d) & (e)(1)). Defendants were sentenced to two consecutive terms of life in prison without the possibility of parole on counts I and II, with Aguilera and Sifuentez receiving an additional consecutive term of 15 years to life on count III. All were ordered to pay victim restitution as well as various fees, fines, and assessments.
On appeal, we hold defendants are not entitled to reversal based on instructional error, erroneous admission of certain gang evidence, or cumulative prejudice. We remand the matter so the trial court can decide whether to impose or strike the firearm enhancements.
E.R. first became familiar with the term "Norteño" as a child living in Modesto. He learned Norteños claim the color red and number 14; their enemies are law enforcement and Southerners or Sureños; and Southerners claim the color blue and number 13.
E.R. first became a Norteño gang member when he was 17 years old. He started dealing drugs to other drug dealers when he was 17 or 18 years old. He regularly armed himself with a handgun, and sometimes participated with his friends in shootings. By the time he was 19, E.R. was a member of Westside Boyz, a Norteño gang, and was making a living by selling drugs. He served time in the county jail. When he got out, he gave money to older Norteños who had been in the jail with him, in order to help them out and as a sign of respect.
E.R. wanted to elevate his status within the Norteño gang, so he made himself available for whatever was needed at a particular time. This included sometimes committing acts of violence against rivals.4 Although he was never directly told to do something, whatever needed to be done would be brought up in conversation with other Norteños, and it would get done. E.R. never said he did not want to do something; weakness was not an honored trait in the gang, and saying "no" to another gang member constituted weakness.
E.R. considered himself an active Norteño gang member until 2007. During that time, he moved from selling heroin and cocaine to selling methamphetamine. He had other people selling drugs for him and was making thousands of dollars a week. Everyone involved in his operation was a Norteño gang member. E.R. did not view himself as generating money for the gang, but admitted to giving some money to the gang.
E.R. went to jail multiple times. His gang status "on the streets" went into jail with him. When he went into jail, he had to make a written report to the Norteño in charge of the jail, giving a full briefing of everything he had been doing on the streets, including where he was operating and who was involved. This was required of him as a Norteño going into custody.
Even on the streets, the Norteño gang had a rank structure. There was always someone who was in charge. Everyone had to report to someone so that any issue could be dealt with immediately. A "shot caller" was the person who handed down the orders for whatever needed to be done, up to and including murder.
E.R. was first sent to state prison, at Susanville, in around 2000. Once there, he reported to the Norteño in control of the area. In prison, E.R. chose to be educated by other prisoners in the history and ways of the Norteño gang. E.R. believed in the cause they fought for, which was to look out for their people. He was willing to sell drugs, financially support other Norteños, and even kill for the cause. During this period of education, E.R. learned about penalties for Norteños who violated Norteño rules. There were escalating levels of discipline that depended on the violation. The ultimate discipline was murder.
While in prison at Susanville, E.R. participated in three riots, one of which involved weapons. His gang status increased. When he was paroled back to Stanislaus County, instead of setting up his own drug operation like before, he now did things in a lot more structured manner, including checking with the shot caller. E.R. acted as awholesaler, purchasing pounds of methamphetamine from "Border Brothers" — people from Mexico who may have been part of a Mexican drug cartel — then splitting it with his partner and distributing it to gang members "[i]n the making" who sold it. E.R. had a following or "crew," i.e., individuals who were ready to do whatever he needed done.
E.R. first met Ramirez in around 2003 or 2004. Ramirez was influential within the gang, although at the time, E.R. did not consider him to be a shot caller. From E.R.'s perspective, they were equal in terms of their gang status.
At some point, E.R. received a three-year prison commitment and was sent to Jamestown. The people there were deemed "no good" in that they no longer followed Norteño guidelines or took orders from the gang. E.R. did not want to go to Jamestown, but once there, he chose to stay.5 In his mind, he was done with the Norteño gang. Once he stayed at Jamestown, he was labeled a dropout.
In 2006 or 2007, E.R. was paroled to Modesto, where he began a law-abiding life. That lasted a couple of years, then he returned to dealing drugs, albeit on a smaller scale than previously. Although a couple members of his crew claimed to be Norteños, E.R. no longer considered himself a Northerner. Because E.R. had been at Jamestown, he knew there would be problems on the streets, so he always carried a gun on his person as a precaution.6
In 2009, C.M. was renting a unit in a duplex on Santa Barbara Street, on the east side of Modesto.7 Her three children sometimes lived there with her. Around February, E.R. and his 10-year-old son moved in with her. Although E.R. had stopped dealing drugs for a while, he started again when he moved in. He was a wholesaler of methamphetamine. Individuals who were part of E.R.'s crew also were involved.
E.R. sold drugs out of the garage on a daily basis. He knew his customers. On occasion, he sold to gang members. He considered his own gang status to be that of a dropout. By this time, E.R. did not feel he owed any allegiance to the Norteño gang. He was aware Norteños claimed the neighborhood, and that traditionally, Norteños expected people who sold drugs in their neighborhoods to pay taxes, i.e., a portion (customarily, 10 percent) of the proceeds. E.R. did not want to pay taxes, however, and did not pay money from his drug dealing to Norteños.
Aguilera lived on La Loma, not far from E.R.'s house. From individuals in his crew, E.R. learned Aguilera was a Norteño gang member.
According to E.R., he first encountered Aguilera and Sifuentez on the night of June 16.8 That night, E.R. was at home with Jason C., nicknamed Tallcan; Jason R., nicknamed J-Rock (a gang dropout); and C.M. E.R. received a telephone call from Daniel G., who was one of his crew. Daniel was not a Norteño.9 Daniel said he was atSifuentez's house and needed to be picked up. He said Sifuentez and Aguilera were drunk. He sounded scared, and did not mention a party. E.R. said he would be right there. He took a gun with him even though he did not expect trouble, because he always carried a gun.
Sifuentez lived on Covena Avenue, a few blocks from E.R. E.R. had been there before to see Sifuentez's sister, to whom he sold drugs. E.R. and C.M. drove to Sifuentez's house in C.M.'s Honda. Jason C., J-Rock, and a woman followed in a white Cadillac Escalade. E.R. was not looking for trouble, but he knew J-Rock was armed with a .45-caliber firearm.
E.R. pulled up in front of Sifuentez's house and called Daniel to say he was out front and to come on. Three individuals came outside. Aguilera approached the vehicle from the yard area. He came up to the passenger window,...
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