P. v. Esparza CA2/6

Filed 5/14/13 P. v. Esparza CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B238691 (Super. Ct. No. 2011026945) Plaintiff and Respondent, (Ventura County)

v.

ISRAEL RUDY ESPARZA,

Defendant and Appellant.

Israel Rudy Esparza appeals from a judgment after conviction by jury of attempted murder of Reynaldo Munoz (§§ 664, 187, subd. (a)),1 assault with a deadly weapon upon Munoz (§ 245, subd. (a)(1)), and street terrorism (§ 186.22, subd. (a)). The jury found true allegations that all three crimes resulted in great bodily injury (§ 12022.7), and that the attempted murder and assault were committed on behalf of the Varrio Simi Valley (VSV) criminal street gang (§ 186.22, subd. (b)(1)). The jury found not true an allegation that Esparza personally used a knife. The trial court sentenced Esparza to 18 years in state prison. Esparza does not dispute that VSV gang members beat and stabbed Munoz and he does not dispute that he was present. But he contends there is no substantial evidence that he was either a direct perpetrator or an aider and abettor in the crimes

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

because the testimony of his accomplice, Robert Lara, was not sufficiently corroborated by independent evidence tending to connect him with the crimes and there was no evidence he was an active participant in VSV at the time. We affirm. FACTUAL AND PROCEDURAL BACKGROUND VSV and Moorpark Locos (MPLS) are rival gangs. Munoz was a member of MPLS. On May 10, 2009, Gabriel Hernandez, a VSV member, hosted a barbeque at his home. Esparza attended, as did many members and associates of VSV. Esparza was not known to be a VSV member at that time. Witnesses testified that Esparza was "jumped into" the gang about two months later, but had been "hanging out a lot" with the gang. Munoz was severely beaten in a parking lot across the street from the barbeque, after he challenged VSV members and associates to a fight. Munoz suffered 14 stab wounds to his face, head, and torso and a collapsed lung. A surveillance video (video) of the parking lot shows that Esparza was present immediately before and after the fight. The fight occurred just outside the camera's view. An impartial witness saw the group of men beating Munoz from a passing car, but could not identify the participants. VSV members Turk Rangel, James Hodgkins, Gabriel Hernandez, Michael Roman, and Esparza's brother (Efran) each pled guilty to attempted murder with personal infliction of great bodily harm and personal use of a deadly weapon. They each admitted a gang enhancement. Hodgkins and Rangel admitted they used knives to attack Munoz; Hernandez admitted he used a machete; Efran admitted he used a baseball bat; and Roman admitted he used a shovel. The video first shows Rangel, Hodgkins, Lara, and Angela Kemps gather in the parking lot. As they stand together, Munoz drives his truck into the parking lot towards the group. Rangel strikes the hood of the truck and Rangel and Hodgkins walk up to Munoz's driver's side window. Lara testified that at this point Rangel and Hodgkins said, "VSV," among other things, and Munoz said, "MPLS." Kemps testified she heard