People v. Carrillo CA2/6

Filed 12/15/14 P. v. Carrillo CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B245720 (Super. Ct. No. 1333854) Plaintiff and Respondent, (Santa Barbara County)

v.

ALEJANDRO CARRILLO,

Defendant and Appellant.

Alejandro Carrillo appeals his conviction by a jury for the first degree murder of Pedro Gonzalez (Pen. Code §§ 1871, subd. (a)/189 – count 1), being a felon in possession of a gun (former § 12021, subd. (a)(1), now § 29800, subd. (a) – count 5), being a felon in possession of controlled substances while armed with a gun (Health & Saf. Code, §§ 11370.1, subd. (a) – count 6), possessing controlled substances in a jail (§ 4573.6) – count 7), and possessing a "shank" while in custody (§ 4502, subd. (a) – count 8). The charges include gang and firearm enhancements. (§§ 12022.53, subd. (d); 186.22, subd. (b)(1).) Carrillo was found not guilty of torturing and committing aggravated mayhem on Victor Ramirez and attempting to murder him (§§ 206, 205, 187, subd. (a) – counts 2, 3, and 4). Carrillo was

1 All statutory references are to the Penal Code unless stated otherwise.

sentenced to 50 years to life on count 1 and to consecutive determinate terms totaling 13 years on counts 5, 6, 7 and 8. Carrillo contends that it was error for the court to permit witnesses to testify about statements made by gang members Michael Sauceda and Rubin Flores that inculpated him in the murder of Gonzalez. We affirm. FACTS AND PROCEDURAL BACKGROUND The People's Case Carrillo was the leader of the Southside Sureño criminal street gang in Guadalupe. Anthony Melena, Ana Rodriguez, Miros Murguia, Stacy Araujo, Michael Sauceda and Pedro Gonzalez were members of the gang. All those connected with the Sureño gang used and sold drugs. A portion of the proceeds from their drug sales had to be sent to the Mexican Mafia through Flores and everyone who sold drugs in Santa Barbara County had to pay a $500 per month "tax" for the privilege of doing so. Sauceda assisted Carrillo in collecting the taxes and other monies due to Flores and the Mexican Mafia. Flores was the leader of the Westside gang in Santa Barbara and a member of the Mexican Mafia. He controlled the drug trade in Santa Barbara County. Flores claimed he was authorized by the Mexican Mafia to order persons to be murdered. Pedro Gonzalez was murdered in the early morning hours of February 15, 2010. On February 13, 2010, Carrillo met with Melena and asked him to help him "smoke a paisa." While there, Carrillo called Flores and was given permission "to take care of" Gonzalez. Melena refused Carrillo's request. On February 14, 2010, Ana Rodriguez hosted a "BBQ" at her home. Carrillo and Sauceda borrowed Stacy Araujo's white Suburban to bring the grill to Rodriguez's home. Gonzalez was later murdered in Araujo's car and the BBQ was used to burn Carrillo's clothing. Murguia arrived at Rodriguez's home about 8:00 p.m. She argued with Carrillo about money which agitated him. Murguia left the BBQ about 10:00