P. v. Carrillo and Gomes
Filed 7/13/06 P. v. Carrillo and Gomes CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. RODOLFO CARRILLO and JOSE CARMEN GOMEZ, Defendants and Appellants. | G033808 (Super. Ct. No. 02CF1529) O P I N I O N |
Appeals from judgments of the Superior Court of Orange County, William Lee Evans, Judge. Affirmed.
Frederick McBride for Defendant and Appellant, Rudy Adolfo Carrillo.
Michael Ian Garey for Defendant and Appellant, Jose Carmen Gomez.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda Cartwright-Ladendorf, Taylor Nguyen and Charles Ragland, Deputy Attorneys General, for Plaintiff and Respondent.
* * *
A jury convicted Rodolfo Carrillo[1] of first degree murder, and Jose Carmen Gomez of second degree murder (Pen. Code, § 187).[2] Both were found to have been vicariously armed with handguns (§ 12022, subd. (a)(1)). The court found true a gang enhancement as to both defendants (§ 186.22, subd. (b)(1)) and sentenced Carrillo to a prison term of 26 years to life and Gomez to a prison term of 16 years to life. On appeal defendants assert many errors, including they were denied due process of law by a delay in prosecution of almost seven years and by prosecutorial misconduct. We affirm.
FACTS
Events in 1995
In 1995, a 7-Eleven store in Santa Ana lay in turf disputed by rival gangs, West Myrtle and Middle Side. On October 1 of that year, Jesse Kennedy, a Middle Side member, stood outside the 7-Eleven eating a sandwich. Around 2:00 a.m., Mario Marin Mora stepped outside the store to smoke a cigarette. A medium-size white sedan -- square in shape, not a hatchback[3] -- pulled up and two or three Hispanic men got out and walked straight to Kennedy. Mora could see only the men's profiles. One man said to Kennedy, â€
