In Re Walter S.

107 Cal. Rptr. 2d 752, 89 Cal. App. 4th 946
CourtCalifornia Court of Appeal
DecidedSeptember 19, 2001
DocketB144386
StatusPublished
Cited by2 cases

This text of 107 Cal. Rptr. 2d 752 (In Re Walter S.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Walter S., 107 Cal. Rptr. 2d 752, 89 Cal. App. 4th 946 (Cal. Ct. App. 2001).

Opinion

107 Cal.Rptr.2d 752 (2001)
89 Cal.App.4th 946

In re WALTER S., a Person Coming Under the Juvenile Court Law.
The People, Plaintiff and Respondent,
v.
Walter S., Defendant and Appellant.

No. B144386.

Court of Appeal, Second District, Division Two.

June 6, 2001.
As Modified on Denial of Rehearing July 2, 2001.
Review Granted September 19, 2001.

*754 Edward J. Haggerty, City of Industry, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Susan D. Martynec and Scott J. Quan, Deputy Attorneys General, for Plaintiff and Respondent.

*753 BOREN, P.J.

Walter S. appeals from the order declaring him a ward of the court (Welf. & Inst.Code, § 602) by reason of his possession of a sawed-off shotgun (Pen.Code, § 12020, subd. (a)(1)) for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further, or assist in criminal conduct by gang members (Pen.Code, § 186.22, subd. (b)(1)). He also appeals from the dispositional order placing him in a camp-community-placement program with physical confinement not to exceed six years and ordering him to make restitution to the person in whose stolen car appellant possessed the shotgun and to register pursuant to Penal Code section 186.30 as a gang offender.

Appellant contends (1) that there was insufficient evidence to support the finding that he possessed the sawed-off shotgun with the specific intent to promote, further, or assist any criminal conduct by gang members; (2) that the provision in Penal Code section 186.32, subdivision (a)(1)(C) that a juvenile required to register as a gang offender must sign a written statement "giving any information that may be required by the law enforcement agency" is unconstitutionally vague; (3) that the same provision is overbroad because (a) it violates the right of privacy under the California Constitution, (b) it violates the First Amendment right to freedom of association, and (c) it violates the privilege against self-incrimination; (4) that the registration requirement constitutes cruel or unusual punishment in violation of the California Constitution; (5) that the registration order and use of the gang enhancement to calculate appellant's maximum period of confinement constitute multiple punishment in violation of Penal Code section 654; and (6) that the trial court erred in ordering appellant to make restitution to the victim of the car theft.

FACTS

Ovidio Rivas Rauda (Rivas) testified that about 2:40 a.m. on June 30, 2000, when he was sitting in his car in his garage in Northridge, a car drove by and stopped. Two people got out. Both people approached Rivas. Rivas noticed that one of the people was male. The male pointed a gun at Rivas. One of the people said, "[`]I need your car.[`]" The male placed the gun against his shoulder and held the end of the gun with his other hand. Rivas was ordered out of his car. He got out of the car, leaving the engine running. Rivas was then told to hold onto the posts of the garage and not to move. Rivas's wallet, which contained about $50, was taken, and his car was driven away. When Rivas got his car back, the steering column was damaged, the windshield was cracked, the car was dented, and Rivas's tools, cassettes, lamp, briefcase, and eyeglasses were missing.

Rivas had to pay $300 to get the steering column repaired, and he received an estimate that repairs for the other damage would cost about $800. Rivas's tools were worth about $700. Rivas lost wages because of the car theft, and he had to pay $225 to get his car "out of impound." His total loss was $2,700.

*755 Inglewood Police Officer Marie Becerra testified that about 6:17 p.m. on June 30, 2000, she saw appellant and Steven P.—G. driving by in Rivas's car. Appellant, the passenger, waved at Officer Becerra and her partner. Officer Becerra's partner began to make a U-turn to stop Steven and appellant for not wearing seatbelts. Steven accelerated at a high speed and ran a stop sign. The vehicle stopped in the middle of the road, and Steven and appellant ran in opposite directions. A sawed-off shotgun was on the floorboard in the front on the passenger side, and a red rag was wrapped around a broken steering column.

After appellant was arrested, he was advised of and waived his rights under Miranda v. Arizona (1966) 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (Miranda). Appellant said that Steven, also known as Little Payaso, was the driver. Appellant was not involved in the taking of the car. He knew, however, that Malditos gang members had taken the car. Appellant is a member of the Malditos gang, and he is also known as Toker. About 12:30 p.m. on June 30, 2000, when appellant was in front of his home in Inglewood, Steven drove up in the car. A group of Malditos gang members were in the car with Steven, and appellant got into the car and "went cruising around." The shotgun was already in the car. Later, other homeboys got out of the car until Steven and appellant were the only occupants. The shotgun belonged to appellant's homeboy Oso.

Officer Becerra's partner, Inglewood Police Officer Marya Kametani, testified that after appellant was advised of and waived his rights under Miranda, appellant said that Little Payaso had asked appellant to use the shotgun to "blast" the officers. Appellant had then been holding the shotgun between his legs. Appellant decided not to shoot the officers, because he was afraid that, if he did so, he would be killed. He therefore told Little Payaso, "[`]Let's just run.[`]"

Officer Kametani checked the shotgun and noted that the safety was off and that there were two ".00 shotgun rounds" in the chamber. Those shotgun rounds are extremely powerful.

Inglewood Police Detective Nelson Arriaga, a gang expert, testified that the Malditos gang is a Hispanic gang in Inglewood, Lancaster, and Long Beach with about 200 members. The Malditos gang is involved in many crimes, including robberies, murders, attempted murders, narcotics deals, weapons violations, carjackings, and other auto thefts. One Malditos member, Alberto M., also known as Droopy, has two brothers who are Malditos gang members and have been arrested on at least two occasions for narcotics and assault weapons violations. In March 2000, it was adjudicated that he possessed cocaine base for sale. Saul R., another Malditos gang member, was adjudicated to have committed attempted murder. Appellant and Steven had admitted to Officer Arriaga that they are Malditos gang members.

The prosecutor asked Detective Arriaga to assume the following facts: About 2:40 a.m. on June 30, 2000, two people believed to be Malditos gang members used a sawed-off shotgun to take a vehicle from a male. About 6:17 p.m. that same day, two Malditos gang members who knew the car had been carjacked by fellow Malditos gang members drove by the police in that vehicle, and the passenger waved at the police. When the police followed the vehicle, the driver sped away and ran a stop sign. The driver told the front seat passenger to take the sawed-off shotgun in his lap and "blast" the officers. The passenger suggested that they run instead. There was a red bandanna wrapped around a broken steering column.

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Related

People v. Sanchez
130 Cal. Rptr. 2d 219 (California Court of Appeal, 2003)
People v. Eduardo C.
108 Cal. Rptr. 2d 924 (California Court of Appeal, 2001)

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Bluebook (online)
107 Cal. Rptr. 2d 752, 89 Cal. App. 4th 946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-walter-s-calctapp-2001.