P. v. Keeton
Defendant Jermale Keeton (defendant) was charged with solicitation to commit murder (count I - § 653f, subd. (b)[1]) and active participation in a criminal street gang (count II - § 186.22, subd. (a)). The amended information alleged defendant committed the murder solicitation for the benefit of a criminal street gang. (§ 186.22, subd. (b)(1).) The amended information further alleged defendant has previously been convicted of a felony as defined in sections 667, subdivisions (c)-(j) and 1170.12, subdivisions (a)-(e), and previously served two prior prison terms (§ 667.5, subd. (b).)
Witness David Strickland testified that he had been a member of the Country Boy Crips gang from ages 14 to 20. Strickland had suffered juvenile adjudications for petty theft, grand theft auto, participation in a criminal street gang and receiving stolen property.
In October 2010, Officer Ryan Kroeker searched Strickland’s car and discovered marijuana. Officer Kroeker asked Strickland if he would be willing to provide “information†in exchange for leniency. The two entered into a written agreement. Initially, Strickland was to help Officer Kroeker with four cases. Strickland satisfied this initial obligation, but continued to work with Officer Kroeker. According to Officer Kroeker, Strickland would provide information leading to arrests or seizures and would be paid “as much as $150†or “as little as $50.â€
On the afternoon of April 8, 2011, defendant called Strickland. Defendant asked whether Strickland had been “hanging around my homeboy Nathaniel [Johnson].†Strickland responded affirmatively, and said he spent time with him every day. Defendant said he was trying to find Johnson, but did not say why.
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