P. v. Uriquiza
On the night of July 24, 2005, defendant and appellant Humberto Uriquiza (defendant) murdered Octaviano Ramirez, whom defendant suspected of having information relating to the murder of one of defendants fellow gang members. A jury convicted defendant of first degree murder. (Pen. Code, 187, subd. (a).)[1]The jury also found true special allegations that defendant personally and intentionally discharged a firearm, causing the victims death ( 12022.53, subd. (d)), and that he committed his crime for the benefit of, at the direction of, or in association with a criminal street gang (186.22, subd. (b)(1)(C)).
On appeal, defendant argues that (1) the trial court erred by failing to instruct the jury pursuant to CALCRIM No. 335 that one of the witnesses against defendant was an accomplice as a matter of law; (2) the trial court erred by instructing the jury that defendant could be convicted of the murder on an aiding and abetting theory; (3) the evidence was insufficient to support the jurys true finding on the gang enhancement allegation; and (4) the trial court erred by ordering defendant to pay restitution when defendant was given no notice of the nature or amount of restitution sought, and no evidence was submitted to support the amount ordered.
Court conclude that only the last of these contentions has merit. We vacate the restitution orders and remand to the trial court for a hearing pursuant to section 1203, subdivision (f)(1). In addition, we modify the judgment to impose an additional $20 court security fee pursuant to section 1465.8, subdivision (a)(1). In all other respects, Court affirm the judgment.
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