People v. Alvarez, F050524 (Cal. App. 11/16/2007)
| Decision Date | 16 November 2007 |
| Docket Number | F050524 |
| Court | California Court of Appeals Court of Appeals |
| Parties | THE PEOPLE, Plaintiff and Respondent, v. SALVADOR GUZMAN ALVAREZ, Defendant and Appellant. |
Appeal from a judgment of the Superior Court of Stanislaus County, No. 1070305, Nancy Ashley, Judge.
Richard L. Rubin, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Kathleen A. McKenna and Kelly C. Fincher, Deputy Attorneys General, for Plaintiff and Respondent.
On May 3, 2005, an information was filed in the Superior Court of Stanislaus County charging appellant Salvador Guzman Alvarez with count I, murder (Pen. Code,1 § 187, subd. (a)), with two special circumstances: that the murder was committed during the commission of a robbery (§ 190.2, subd. (a)(17)(A)); and the murder was committed to further the activities of a criminal street gang (§ 190.2, subd. (a)(22)). It was further alleged as to count I that appellant personally and intentionally discharged a firearm (§ 12022.53, subd. (d)). In count II, appellant was charged with robbery (§ 211), with enhancements for personally and intentionally discharging a firearm, and committing the offense for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). Appellant pleaded not guilty and denied the special allegations.
On February 27, 2006, appellant's jury trial began. On March 15, 2006, appellant was convicted of count I, first degree murder, with both special circumstances and the firearm enhancement true; and count II, robbery, with the firearm and gang enhancements true.
On May 25, 2006, appellant was sentenced to life without the possibility of parole for count I, murder with special circumstances, plus a consecutive term of 25 years to life for the section 12022.53, subdivision (d) firearm enhancement. As to count II, the court imposed the midterm of three years, plus terms of 25 years to life for the firearm enhancement and 10 years for the gang enhancement, and stayed all terms pursuant to section 654. Appellant's sentence in this case was ordered to run consecutively to determinate terms imposed in three unrelated cases.
On June 2, 2006, appellant filed a timely notice of appeal.
Richard Lopez lived in Modesto and owned a cement company known as "Pipco Cement and Pipe." He drove a large black Ford F-150 pickup truck with an extended cab, and installed an expensive custom stereo and speaker system. Around 5:00 a.m. on Friday, May 16, 2003, Lopez's body was found on the ground in the parking lot of an apartment complex on Algen in Modesto, in the middle of Norteno territory, and his truck was parked nearby. He had been shot twice in the head, there were blood splatters inside his truck, and the truck's stereo system had been stolen. Lopez did not have any known connection to the neighborhood.
Appellant, a validated member of a Norteno gang in Modesto, was charged and convicted of count I, murder, with special circumstances for committing the murder during a robbery and in furtherance of a criminal street gang, and count II, robbery with a gang enhancement, and sentenced to life in prison without possibility of parole. On appeal, he contends there is insufficient evidence he committed the murder for the benefit of a criminal street gang, and the gang special circumstance and enhancement must be reversed. We will affirm.
The trial record sets forth the following history of the case and Lopez's fateful meeting with appellant.
On the afternoon of Thursday, May 15, 2003, Lopez met with Susan Bockoven to discuss installing a patio at her house. Lopez told Bockoven he was very short of a work crew, and he had been hiring day laborers off the street to work on his projects. Lopez said he planned to hire some day laborers the next morning so he could begin work on her patio. Bockoven expressed concerns about Lopez's safety in hiring people off the street. Lopez assured her that he would only talk to a prospective laborer through his truck window; if he felt comfortable, he would invite the person into his truck, take him to a restaurant, and buy breakfast so the person would trust that Lopez would pay him for his work. However, Lopez also said he was afraid that workers from a rival company might harm him, and a former employee threatened him and was trying to steal his concrete equipment. Bockoven noticed the custom stereo system inside Lopez's truck. She also noticed the inside of his truck was not messy, but fairly tidy and organized. Lopez left her house around 4:30 p.m., and said he would be back in the morning to start her patio.
Joyce Davis and her husband lived on Dezzani Lane in Modesto with their daughter, Shannon, and their son, Trevor. Joyce testified she had met Lopez through a mutual friend, Ali Moore. Around 6:00 p.m. on May 15, 2003, Lopez arrived at the Davis house and visited with Joyce. They ate ice cream in the kitchen, and Lopez indicated he was interested in dating her daughter. Lopez left the Davis house around 7:00 p.m.
Lopez was dating Cristy Benavidez at that time, and he told Benavidez that he was concerned a former employee might steal his work tools. Lopez and Benavidez spent part of the evening of May 15, 2003, together at Lopez's house, with Lopez's daughter and mother. Benavidez left Lopez's house just as it was getting dark outside, around 9:30 p.m. She drove to her home in her own car while Lopez followed in his black truck. They talked on their cell phones during the drive, and she heard his stereo in the background. When they arrived at Benavidez's house, Lopez asked if he could spend the night. Benavidez said no because they both had to work the next day. Benavidez reminded Lopez that his daughter was at his house, told him to go home, and promised to spend the weekend with him. Lopez agreed and said he was going home to his daughter. Benavidez later called Lopez's house and spoke to his mother, who said that he had arrived home. Benavidez briefly spoke to Lopez and he said he was going to bed.
Thursday Night at the Davis house
Around 10:00 p.m. Joyce Davis left her house and went to Wal-Mart with her son's friend, Daniel Davis.2 Around 11:00 p.m., Lopez arrived at the Davis house, parked his truck in front of the house, and was met by Trevor, who said the others were not home. Lopez said he would wait for Joyce and Shannon. Trevor and Lopez talked in the kitchen while Lopez waited. Lopez told Trevor he owned a concrete company and offered Trevor a job laying concrete. Trevor declined because he was working in a cabinet shop.
Joyce and Daniel returned to the Davis house around midnight, and they were met at the front door by Trevor and Lopez. Joyce noticed Lopez's truck was parked in front of the house. Lopez told Joyce that he had just met Trevor and offered him a job. Joyce believed Lopez had returned to her house because he was interested in her daughter. Joyce admonished Lopez that Shannon was only 19 years old and too young for him.
Joyce testified that while Lopez was at her house, appellant arrived in a car with two girls and two boys. Joyce testified that appellant and his associates had been to a party, and appellant appeared drunk. Appellant walked around Lopez's truck and looked at it, and then went into the backyard to join Trevor and the others. Joyce testified Lopez became nervous when appellant checked out his truck, but Trevor assured him everything was okay and appellant was "`cool.'" Joyce and Lopez talked for a couple of minutes, and then Lopez went into the backyard with the others. Joyce later joined them in the garage and backyard. Joyce testified they were smoking and she was not aware of anyone using drugs. Joyce denied that anyone furnished Lopez with methamphetamine, or that her residence was known as a drug house. Joyce testified the two girls and two boys left in their car, but appellant stayed at her house.
Shannon Davis testified that she arrived at her house between midnight and 1:00 a.m., and found Lopez and her mother talking in the kitchen. Shannon had noticed Lopez's black truck parked in front of her house. Shannon's brother, Trevor, was in the garage with Daniel and appellant, along with two girls and another boy. Shannon testified she had seen Lopez earlier that day, around 3:00 p.m., at the home of their mutual friend, Ali, and she had declined his offer of a ride home because she did not know him very well.
Shannon testified that as soon as she arrived home at 1:00 a.m., she used the cordless telephone and had a lengthy and heated conversation with her ex-boyfriend. She eventually moved outside to the front porch as she continued the call. She had no idea what was going on in the garage or backyard.
Trevor testified he had known appellant since they were in high school together in 1998, they were pretty good friends, and he referred to appellant as "a homeboy of mine." Trevor testified appellant arrived at his house with some girls and boys he did not know. Trevor testified appellant did not appear drunk. Trevor testified Lopez was "paranoid" when appellant and his friends arrived because Lopez thought they were going to steal his truck. Trevor assured Lopez that appellant and the others were there to visit, and they were not going to steal his truck. Trevor testified they went into the garage and "were just kicking back." Trevor was not aware if drugs were being used that night, but "[t]hey could have been."
Trevor later told a police officer that as the evening continued, appellant showed a "high interest" in Lopez and asked the others if he had family, what he did for a living, if he had money, and did he own the truck. Trevor also told the police that appellant displayed a .380-caliber...
To continue reading
Request your trial