P. v. Valles
Filed 1/18/07 P. v. Valles CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. PEDRO CORTEZ VALLES, Defendant and Appellant. | F049671 (Super. Ct. No. BF106697) OPINION |
APPEAL from a judgment of the Superior Court of Kern County. John I. Kelly, Judge.
Victor J. Morse, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, John G. McLean and Barton Bowers, Deputy Attorneys General, for Plaintiff and Respondent.
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Appellant Pedro Cortez Valles was convicted of first degree murder and sentenced to life imprisonment without the possibility of parole based on the criminal street gang special circumstance in Penal Code section 190.2, subdivision (a)(22).[1] Appellant appeals the sentence, arguing that the evidence was insufficient to prove two essential elements of the special circumstance allegation. Specifically, appellant argues the evidence did not show (1) he was an active participant in a criminal street gang or (2) he knew that the members of the gang engaged in a pattern of criminal gang activity. Appellant contends his sentence should be reversed and the matter remanded for resentencing.
We conclude the evidence was sufficient to support the jury's findings regarding the criminal street gang special circumstance. Therefore, the sentence is affirmed.
PROCEDURAL HISTORY
An amended information filed September 27, 2005, charged appellant in count 1 with murder (§ 187, subd. (a)) and in count 2 with conspiracy to commit murder (§ 182, subd. (a)(1)).
The amended information alleged the special circumstance that the murder was intentional and committed by an active participant in a criminal street gang and to further the activities of the gang (§ 190.2, subd. (a)(22)). The amended information also alleged appellant had suffered prior felony convictions and had served a prior prison term following a felony conviction in 1995.
The charges, except the allegations of prior convictions, were tried before a jury. The jury returned its verdict on October 21, 2005, finding appellant guilty of the charges in counts 1 and 2, and finding all of the special circumstances allegations true. On November 9, 2005, the superior court found that appellant had a prior conviction for a serious and violent felony, had a prior conviction for a serious felony, and had served a prior prison term.
On January 18, 2006, the superior court sentenced appellant under the murder count to life in state prison without the possibility of parole, with a consecutive indeterminate term of 25 years to life pursuant to section 12022.53, subdivision (d), and a further consecutive term of five years pursuant to section 667, subdivision (a). The sentence on the conspiracy count was stayed pursuant to section 654.
Appellant timely filed a notice of appeal on January 18, 2006.
FACTS
The conflict that led to the fatal shooting of Robert Moreno, Jr., began with a dispute between his aunt and appellant's sister. Appellant's sister, at the invitation of the aunt, had been living with the aunt and her children in a house the aunt rented. The victim's aunt and appellant's sister had a disagreement and, on May 21, 2004, appellant's sister was asked to move out of the house.
Appellant's sister left the house that day in the late morning and, about two hours later, received a telephone call from the aunt's adult daughter asking whether she was going to return and get her belongings. Appellant's sister replied that she intended to return and said to make sure none of her belongings were â€
