P. v. Aranda
Filed 9/29/10 P. v. Aranda CA4/3
>NOT TO BE PUBLISHED IN OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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
FOURTH
APPELLATE DISTRICT
DIVISION
THREE
THE PEOPLE,
Plaintiff and Respondent,
v.
WILLIAM ARANDA, JR.,
Defendant and Appellant.
G042362
(Super. Ct. No. 07CF0423)
O P I N I O N
Appeal from a judgment
of the Superior Court
of Orange
County, David A. Hoffer, Judge. Affirmed.
Gideon Margolis, under
appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr.,
Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W.
Schons, Assistant Attorney General, Rhonda Cartwright-Ladendorf and Christine
Levingston Bergman, Deputy Attorneys General, for Plaintiff and Respondent.
* * *
A jury convicted
defendant William Aranda, Jr., of possession
of methamphetamine for sale (Health & Saf. Code, § 11378),
possession of heroin for sale (Health & Saf. Code, § 11351), and
participating in a criminal street gang
(Pen. Code, § 186.22, subd. (a)).
It also found true that defendant committed the drug crimes for the
benefit or in association with a street gang.
(Pen. Code, § 186.22, subd. (b)(1)). The court sentenced him to prison for five
years, four months.
Defendant claims the
court erred by failing to sever the gang crime from the drug crimes and to
bifurcate the gang enhancement allegations from the substantive charges, by
excluding evidence of an officer's purported prior misconduct, and by admitting
evidence of prior charges. Finding no
error we affirm.
FACTS
In 2006 officials at
Pelican Bay State Prison found a letter from defendant to an inmate, George
Chavez, a member of the Orange Varrio Cypress gang (OVC), and forwarded it to
police in Orange. Police believed the letter, apparently
written in code, documented drug sales and gang activity. It spoke of one OVC member who got a â€
| Description | A jury convicted defendant William Aranda, Jr., of possession of methamphetamine for sale (Health & Saf. Code, § 11378), possession of heroin for sale (Health & Saf. Code, § 11351), and participating in a criminal street gang (Pen. Code, § 186.22, subd. (a)). It also found true that defendant committed the drug crimes for the benefit or in association with a street gang. (Pen. Code, § 186.22, subd. (b)(1)). The court sentenced him to prison for five years, four months. Defendant claims the court erred by failing to sever the gang crime from the drug crimes and to bifurcate the gang enhancement allegations from the substantive charges, by excluding evidence of an officer's purported prior misconduct, and by admitting evidence of prior charges. Finding no error Court affirm. |
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