Opinion
2d Crim. No. B225164 Super. Ct. No. 2004050893
09-07-2011
THE PEOPLE, Plaintiff and Respondent, v. RUDOLFO RUDY NEGRETE, Defendant and Appellant.
Madeline McDowell, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Linda C. Johnson, Supervising Deputy Attorney General, Marc A. Kohm, Deputy Attorney General, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Ventura County)
A jury found Rudolfo Rudy Negrete guilty of three counts of first degree murder (Pen. Code, § 187, subd. (a)/189) and one count of conspiracy to commit arson § 182, subd. (a)). The court also sentenced Negrete to three consecutive 25-years-to-life terms for the murders. The court sentenced Negrete to the two-year middle term for conspiracy to commit arson, and ordered that it be served concurrently.
All statutory references are to the Penal Code unless otherwise stated.
Negrete contends the sentence for conspiracy to commit arson should have been stayed pursuant to section 654. The Attorney General concedes. The sentence for conspiracy to commit arson is stayed. In all other respects the judgment is affirmed.
FACTS
Negrete was a member or associate of the South Side Chiques gang. On April 16, 2004, Negrete attended a party at the home of an acquaintance. Danny Campos was also in attendance. Negrete mentioned that months before, Campos was with a group of people, one of whom pulled a gun on Negrete.
The host of the party did not allow marijuana smoking at his home. At about 11:00 p.m., some people at the party decided to leave to smoke marijuana. Negrete, Jose Manuel Rodriguez and Campos joined others in an "SUV" to drive around and smoke. During the drive, Negrete told the driver to stop so that he could "take a leak." When the driver stopped Negrete, Campos and Rodriguez got out of the SUV. Negrete shot Campos at close range in the back of the head.
The next day, April 17, 2004, Negrete met with Alex and Cynthia Jordan. The Jordans wanted to buy marijuana. Negrete and Luis Mercado went with the Jordans in the Jordans' white Chevrolet Impala. Negrete directed them to a secluded spot in Ventura County. When they got out of the car, Negrete shot both Jordans in the head at close range. Cynthia Jordan was pregnant. Negrete took $9,000 from the Jordans. Later with the help of a friend, Negrete set the Jordans' Impala on fire.
Negrete fled to Mexico. He was apprehended there in October 2006, and extradited to the United States in April 2007.
Defense
Negrete testified on his own behalf. He said Ramirez shot Campos. Negrete claimed he was surprised by the shooting.
Negrete testified that Mercado directed the Jordans to a remote location, shot them and took their money. Negrete claimed he went with Mercado and the Jordans believing they were going to meet the marijuana seller.
DISCUSSION
At the sentencing hearing the trial court found the arson was committed to cover up evidence of the murders and thus, part of the same transaction. The court imposed a concurrent sentence for the arson.
The Attorney General concedes that section 654, subdivision (a) requires that the arson sentence be stayed, not run concurrently. (See People v. Kramer (2002) 29 Cal.4th 720, 722.)
The sentence on count 4, conspiracy to commit arson, is stayed. The trial court shall amend the abstract of judgment accordingly and forward a copy of the amended abstract to the Department of Corrections and Rehabilitation. In all other respects, the judgment is affirmed.
NOT TO BE PUBLISHED.
GILBERT, P.J.
We concur:
YEGAN, J.
PERREN, J.
Charles W. Campbell, Judge
Superior Court County of Ventura
Madeline McDowell, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Linda C. Johnson, Supervising Deputy Attorney General, Marc A. Kohm, Deputy Attorney General, for Plaintiff and Respondent.