P. v. Staggs

Filed 3/21/06 P. v. Staggs CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

THIRD APPELLATE DISTRICT

(San Joaquin)

A jury convicted defendant Robert Staggs of the first degree murder of Alfredo Ramirez. Ramirez was killed by a gunshot to the head as he was sitting in his car eating breakfast. Witnesses said the shooter was in a white van that pulled up to the victim's car after it had been parked only a few minutes. The van slowed down, a shot was fired, and the van sped off.

Ramirez's murder went unsolved for nearly a year, then a witness made a call to Crime Stoppers and advised authorities defendant had admitted killing Ramirez in exchange for two ounces of crystal methamphetamine and $2,500 cash. A gun consistent with the type of gun that killed Ramirez was recovered from defendant's apartment, and defendant was identified as having been driving around the victim's neighborhood in a white van the day before the shooting.

All of defendant's arguments on appeal are of instructional error. We find no reversible error, and shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

At approximately 7:45 on the morning of April 18, 2003, the victim, Alfredo Ramirez, picked up his co-worker, Jose Espinoza. They bought burritos and sodas, then, as they did almost every day, drove to the park to eat. They sat inside the car with the windows rolled up while they ate. When Espinoza bent over to pick up some sauce from the floor of the car, he heard a single gunshot and was hit by flying glass. He flung himself to the floorboard and waited until he heard the shooter's vehicle leave. He got out of the car and ran to tell the victim's mother what had happened.

Bertha Searcey lived near the park. As she was getting dressed to take her son to a doctor's appointment, he and his cousin came in and told her they saw a Ford van pull up next to the park by the side of a car, then someone got out of the car and the boys heard a shot. Searcey drove to the victim's car, and saw the victim with a hole in his face. She called 911 and waited for an officer to arrive.

The day before the shooting, Searcey had seen a white Ford van riding up and down the streets around 2:00 or 3:00 in the afternoon. She noticed it because it had tinted windows and no license plate. She thought it was a police van. The van had a Zamora sign on it. Zamora is the name of a car dealership in Tracy. The driver of the van was drinking a Budweiser and had a black beanie on and a black â€