People v. Godinez

• Citation: 3 Cal.Rptr.2d 325,2 Cal.App.4th 492
• Court: California Court of Appeals
• Decision Date: 07 January 1992
• Parties: The PEOPLE, Plaintiff and Respondent, v. Roberto GODINEZ, Defendant and Appellant. D011281.

Page 325

3 Cal.Rptr.2d 325

2 Cal.App.4th 492

The PEOPLE, Plaintiff and Respondent, v. Roberto GODINEZ, Defendant and Appellant.

D011281.

Court of Appeal, Fourth District, Division 1, California.

Jan. 7, 1992.

Certified for Partial Publication ¹

[2 Cal.App.4th 494] Christine Vento, Los Angeles, under appointment by the Court of Appeal, for defendant and appellant.

Daniel E. Lungren, Atty. Gen., George Williamson, Chief Asst. Atty. Gen., Harley D. Mayfield, Sr. Asst. Atty. Gen., Keith I. Motley, Supervising Deputy Atty. Gen., and Patti W. Ranger, Deputy Atty. Gen., for plaintiff and respondent.

FROEHLICH, Associate Justice.

By an information, Roberto Godinez (Godinez) was charged with the murder of Antonio Servin Segura (the victim). It was further alleged Godinez personally used a knife in committing the murder, in violation of Penal Code section 12022, subdivision (b). A jury convicted Godinez of voluntary manslaughter, but found untrue the allegation he personally used a knife. Godinez was sentenced to the midterm of six years.

Godinez raises several contentions on appeal. First, he claims the trial court prejudicially erred in its instruction to the jury explaining that homicide is a reasonable, natural and expected consequence of a gang attack. Second, he argues there was insufficient evidence indicating the homicide was a reasonable and natural consequence of the gang attack in which he participated. Third, he claims the trial court erred in ruling that his admissions to police were voluntary. Finally, he claims his counsel was ineffective for having introduced the tape-recorded admissions into evidence.

Our independent review of the admissions leads us to conclude they were voluntary. However, we find, from a review of the entirety of the evidence, that although there was sufficient evidence from which a jury could have concluded the homicide here was a natural and reasonable consequence of the gang assault on the victim, there was also a reasonable possibility the jury could have reached the opposite conclusion. We therefore conclude the trial

court's instruction was prejudicially erroneous, and accordingly must reverse. ²

I. Factual Background

A. The Prosecution's Case

Cesar Ibanez, Manuel Sandoval and the victim were members of a gang known as the Old Town National City Insane Boys (O.T.N.C.). As they were heading home on the evening of January 29, 1988, Ibanez, accompanied by Sandoval and the victim, drove into a gas station located in an area of San Diego known as "Shelltown"--an area "claimed" by a rival gang known as the "Shelltown Gamma Boys" (Shelltown).

Although the O.T.N.C. and Shelltown gangs were enemies, and fights occurred when one gang was found on another gang's turf, Ibanez and Sandoval did not go into the gas station looking for a fight. Ibanez had purchased gas from the same station on several prior occasions and had never seen any members of the Shelltown gang around the station. He would not have stopped there had he seen Shelltown gang members at the station.

Both Ibanez, who was walking with an intent to pay for gas, and Sandoval, who remained in the car, saw a male (whom Sandoval identified as Godinez) dressed in a jacket bearing the Shelltown colors standing by some air pumps and "throwing hand signs" (giving hand signals). Standing next to Godinez was another Shelltown gang member. Both Ibanez and Sandoval recognized the signs as indicating Godinez's membership in the Shelltown gang and, because they were on Shelltown turf, interpreted the signs as a challenge to fight. Realizing that trouble was imminent, and suspecting there were other Shelltown gang members nearby ready to help Godinez if trouble occurred, Ibanez abandoned the idea of getting gas, returned to his car and began driving away.

As Ibanez drove away, Godinez, who was still "throwing hand signs," ran after the car. The victim, who was inside the car, yelled out "Insane Boys Gang O.T.N.C." and also gave his own hand signs, indicating he accepted the challenge to fight. Ibanez had to slow down for a red light at a nearby intersection. As he slowed down, the victim and Sandoval jumped from the car and ran toward Godinez and the other Shelltown member. Knowing a fight would ensue, Sandoval accompanied the victim to back him up.

As the victim and Sandoval moved toward Godinez and his associate, approximately five more members of Godinez's gang came running to join the fray. Although Sandoval had initially intended to fight, when he saw they were outnumbered he yelled at the victim to run, and Sandoval retreated to Ibanez's car. By the time the victim realized he was outnumbered and tried to retreat, it was too late--he had been surrounded by Shelltown gang members. Sandoval claimed Godinez started the fight by punching the victim in the face, causing him to fall to the ground. The people surrounding the victim began kicking and punching him as he lay face down on the ground. Although none of the four eyewitnesses saw any knives being used, one eyewitness testified the motions of two of the Shelltown gang members were consistent with use of a knife.

Sandoval retreated to the car to search for a weapon to equalize the mismatched fight. The sound of an approaching siren, however, caused the Shelltown gang members surrounding the victim to retreat and climb into a van. One member of the retreating force (identified by Sandoval as Godinez) returned to administer another kick to the victim, who was still lying on the ground. Another witness stated, however, the returning member also made stabbing motions on the prostrate victim, although the witness did not see a knife. That gang member then returned to the van.

Sandoval had returned to the car and steered it toward other Shelltown gang members in an attempt to hit them and to Ibanez and Sandoval then tried to help the victim into the car. At that point they realized the victim was bleeding from stab wounds. Before they could transport the victim anywhere, police arrived and took over, with paramedics then arriving to transport the victim to the hospital. The victim was pronounced dead at the hospital.

stop the van from fleeing. As Sandoval drove up, Godinez threw a bottle at the car, smiling and laughing [2 Cal.App.4th 497] at Sandoval. Godinez and the rest of his group then successfully boarded the van and fled the scene.

Godinez was arrested the following morning and, after waiving his Miranda rights, interrogated concerning the crime.

B. The Prosecution's Experts

Medical testimony revealed that in addition to the multiple injuries suffered from punches and kicks, the victim suffered seven stab wounds. Any one of the three stab wounds, involving injury to the lungs, heart and spleen, could have been fatal. Death was attributed to massive loss of blood from the multiple stab wounds.

Detective Aguirre, the prosecution's gang expert, testified about the gang subculture, including the various indicia of gang membership, such as tattoos, clothing, association with gang members, and outright "claims" of gang membership. He also discussed the use of hand signs and words in communicating membership and challenges, as well as the territorial aspects of gangs.

Aguirre testified that not all gangs are rivals of all other gangs, but when two members of rival gangs meet there usually is a violent confrontation, especially if one gang is in another's territory and is outnumbered. He indicated there is a rivalry between the Shelltown and the O.T.N.C. gangs, which has resulted in violent confrontations in the past.

When a challenge is issued, the challenged gang must accept it or lose face. Aguirre indicated that when a rival gang drives by and shouts a challenge, the "usual" result is a shooting, fight or some other act of violence. However, he did not specifically testify deaths are a usual, or even frequent, result of such challenges, nor did he present statistical evidence concerning the frequency with which gang fights resulted in deaths.

Aguirre testified gangs also have a social (not just antisocial) aspect, and that not all persons who "claim" gang membership are in fact hard-core members but may instead be peripheral members who only associate with the gang for its social aspects. However, social participants could nevertheless find themselves in the middle of a fight. He also indicated that Shelltown gang members have expressed a desire to resolve differences with other gangs and lead a hassle-free life, but noted that even those who profess such attitude still find themselves in violent, sometimes brutal, confrontations.

C. Defense Evidence

The defense's case revolved principally around Godinez's claim that he was not the actual "stabber," and that he was only marginally involved in the fight with the victim. Godinez testified he had been a member of Shelltown, the rival to the O.T.N.C. gang, and that his gang was active in many social functions, such as parties, dances and football games. He also indicated his gang did not rival all other gangs but generally tried to make peace with them. Although Godinez was aware of the rivalry between the Shelltown and O.T.N.C. gangs, he had never been involved in or seen any fights between the two groups, nor had he ever been involved in any other gang fights. Godinez also testified that "throwing signs" does not always mean a challenge to fight, explaining that such gang signs can be a form of greeting and recognition.

On the night of the incident, Godinez was with four Shelltown gang members and four girls. They were in a van getting gas at the station where the incident occurred. Godinez was standing outside the van when Ibanez drove up in his car. When Godinez next noticed the car, someone was walking toward it. Godinez then saw someone stick his head out the window and wave, but did not interpret the gesture as a gang sign. Godinez responded with the Shelltown sign After the car pulled away,...