P. v. Cambero

Filed 5/15/06  P. v. Cambero CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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 THREE

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

Gloria White-Brown, Judge.  Modified and, as so modified, affirmed.

            John A. Colucci, under appointment by the Court of Appeal, for Defendant and Appellant Yesica Maribel Cambero.

            Alan Siraco, under appointment by the Court of Appeal, for Defendant and Appellant Daniel Rodriguez.

            Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Susan D. Martynec and Susan Lee Frierson, Deputy Attorneys General, for Plaintiff and Respondent.

_________________________

            Daniel Rodriguez and Yesica Maribel Cambero appeal the judgments entered after their conviction by jury of attempted willful, deliberate and premeditated murder committed for the benefit of a criminal street gang in which Rodriguez and a principal personally discharged a firearm causing great bodily injury.  (Pen. Code, §§ 664/187, 186.22, subd. (b)(2), 12022.53, subd (d) and (e)(1).)^[1]  The jury also convicted Cambero of driving a vehicle without the owner's consent.  (Veh. Code, § 10851, subd.  (a).)  The trial court found Rodriguez had a prior conviction within the meaning of the Three Strikes law (§§ 667, subs. (b)-(i), 1170.12) and section 667, subdivision (a)(1).  The trial court sentenced Rodriguez to a second strike term of 60 years in state prison and sentenced Cambero to a term of 40 years to life in state prison.

            We order the term imposed with respect to Cambero corrected to omit a minimum term of 15 years before parole eligibility and direct the correction of other clerical errors in the abstracts of judgment.  As so modified, the judgments are affirmed.

FACTUAL AND PROCEDURAL BACKGROUND

            1.  The prosecution's evidence.

            On the afternoon of April 19, 2004, Vincent Ramirez became involved in a fight with appellants Rodriguez and Cambero in the Rimgrove Park in the Valinda area of Los  Angeles County.  When Los Angeles County Police Officer David Esparza arrived at the park, a recreation services leader told him both suspects hit and kicked Ramirez repeatedly.  Ramirez told Esparza that, during the course of the fight, Ramirez saw a stainless steel revolver in Rodriguez's waistband.^[2] 

            Isauro R. (hereafter Isauro), 16 years old at the time of trial, testified that after he got off a high school bus at the corner of Amar Road and Azusa Avenue on April 19, 2004, he noticed a white van in the parking lot of a McDonald's.  Rodriguez was in the front passenger seat of the van and the driver of the van was a female.  A neighbor drove Isauro from Azusa Avenue to his home on Sam Gerry Drive.  Isauro was almost to his front door when he saw the white van turn onto Sam Gerry Drive and stop across the street from his house.  At that point, Isauro recognized Cambero as the driver of the van.  Isauro previously had attended Workman High School with Cambero for approximately one month.  At that time, Isauro associated with members of the Puente gang.  Isauro later learned Cambero was associated with the Valinda Flats gang.

            Rodriguez exited the front passenger door of the van and approached Isauro with a chrome revolver in his hand.  Isauro ran and heard a gunshot as he reached the gate to the backyard.  Isauro ran into the backyard and tried to jump a fence, then turned and faced Rodriguez who shot him in the face, the stomach, the buttocks, the back and the groin. 

Isauro's mother, Maribel R., heard a gunshot in front of her home, followed by five more shots in the backyard.  Maribel walked out her front door to a van parked in her driveway and asked the driver, Cambero, what happened.  Maribel saw another male in the rear of the van.  When Cambero did not respond, Maribel went to the gate where she bumped into Rodriguez with a gun in his hand.  Rodriguez pointed the gun at her, then calmly walked to the van and entered the passenger door.  Cambero put the van in reverse, backed out of the driveway and drove from the scene.

Isauro was airlifted to a hospital from Rimgrove Park.  While en route, Isauro said, â€