P. v. Becerra

Filed 8/24/06 P. v. Becerra CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE,

Plaintiff and Respondent,

IGNACIO BECERRA et al.,

Defendant and Appellant.

B183765

(Los Angeles County

Super. Ct. No. BA251179)

APPEAL from judgments of the Superior Court of Los Angeles County.

Michael E. Pastor, Judge. Affirmed.

Patricia Ihara, under appointment by the Court of Appeal, for Defendant and Appellant Ignacio Becerra.

Donald Tickle, under appointment by the Court of Appeal, for Defendant and Appellant Cesar Nava.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Mary Sanchez, Lawrence M. Daniels, April S. Rylaarsdam, and Taylor Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.

Ignacio Becerra and Cesar Nava appeal their convictions of first degree murder and attempted murder. They challenge the sufficiency of the evidence of a gang enhancement and argue their lengthy prison sentences are unconstitutional. Nava also argues that there was insufficient evidence to corroborate an accomplice's testimony. We find no error and affirm the judgments.

FACTUAL AND PROCEDURAL BACKGROUND

Demetria Hammond was shot and killed on August 25, 2002. David Gonzales, who was with Hammond in a blue Buick was shot, but survived. Gonzales is a member of the WSK gang, which is a rival of the Playboys gang. In separate trials, Becerra and Nava each was convicted of first degree murder and attempted murder, and several enhancements were found to be true. Damario Valdez, an accomplice who had pled guilty to first degree murder, testified in both trials. There was no dispute that Valdez, Becerra, and Nava were all members of the Playboys gang and both Becerra and Nava have tattoos indicating such membership.

Becerra's Trial

At Becerra's trial, his confession was played to the jury. The following is among his remarks made to police officers when questioned about the shooting. Prior to the shootings and on the same day, Becerra saw people â€

Description	Appellants appeal their convictions of first degree murder and attempted murder. They challenge the sufficiency of the evidence of a gang enhancement and argue their lengthy prison sentences are unconstitutional. Appellants argues that there was insufficient evidence to corroborate an accomplice's testimony. Court finds no error and affirm the judgments.
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