Opinion
A136224
03-13-2017
THE PEOPLE, Plaintiff and Respondent, v. ANCHULITA URIBE, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Marin County Super. Ct. No. SC165001F)
Defendant Anchulita Uribe was convicted of being an accessory after the fact to a murder, for which she was sentenced to three years in state prison to be served in the Marin County jail. Her appellate counsel has filed a brief in accordance with People v. Wende (1979) 25 Cal.3d 436, asking this court to independently examine the record to determine if there are any arguable issues that require briefing. Defendant was apprised of her right to file a supplemental brief but did not do so. We have conducted our examination, conclude there are no arguable issues, and affirm.
BACKGROUND
The charge against defendant Anchulita Uribe arose out of the September 13, 2008 murder of Tong Van Le, the owner of Nasser Market in San Francisco. Shortly before his murder, the market had been robbed, and Mr. Le identified Larry Blay, Jr. and Calin Hunter as two of the perpetrators. To eliminate Mr. Le as a witness to robbery charges against him, Blay Jr. ordered Mr. Le's murder. Implicated in the murder were C. Autis Johnson, Jr. (defendant's son), Sean Washington (with whom defendant had a romantic relationship), Deandre Blay (Larry Blay, Jr.'s brother), Kevin Abram, and Blay, Jr. himself. A June 16, 2009 indictment charged all five with the following four counts: (1) conspiracy to commit murder with special circumstances (Pen. Code, §§ 182, subd. (a)(1)/187); (2) conspiracy to dissuade a witness (id., § 182 subd. (a)(1)/136.1, subd. (c)(1)); (3) murder with special circumstances (id., § 187/190.2, subds. (a)(10) and (a)(15), (b), and (c)); and (4) dissuading a witness by force (id., § 136.1, subd. (c)). A fifth count charged defendant, along with her son, with accessory after the fact (id., § 32).
Blay, Jr. was in fact in jail when the robbery occurred and had not participated in it. --------
Trial began with motions in limine on August 1, 2011.
One month later, pursuant to a plea agreement, Washington pleaded guilty to involuntary manslaughter (Pen. Code, § 192, subd. (b)) and use of a deadly weapon (id., § 12022, subd. (a)(1)), in exchange for a five-year sentence and his testimony against his codefendants.
Testimony began on December 13, 2011 and was heard over the course of six months.
On May 30, 2012, the jury found defendant guilty of being an accessory after the fact to Mr. Le's murder.
On July 20, 2012, defendant was sentenced to three years in state prison to be served in the Marin County jail, with 404 days of credit for time served. She was ordered to pay a $720 restitution fine (Pen. Code, § 1202.4) and a $40 court security fee (id., § 1465.8), with restitution to Mr. Le's family in an amount to be determined.
Defendant filed a timely notice of appeal on July 20, 2012.
EVIDENCE OF DEFENDANT'S INVOLVEMENT
Following the shooting of Tong Van Le, which occurred in Marin County, Washington, Blay, Abram, and Johnson all fled in a car Washington was driving. He drove them to a dead end street, where Abram got out, wrapped the murder weapon in a sweatshirt, and left it beside a house before returning to the car. They then drove to Richmond, before returning to Marin and eventually crossing the Golden Gate Bridge into San Francisco. As they were crossing the bridge, Johnson said he had to go back because the sweatshirt the gun was wrapped in had a picture of his face on it.
Once in San Francisco, Johnson asked to be dropped off on San Bruno Avenue because his mother (defendant) was going to meet him there. Just as Washington was dropping Johnson off, defendant arrived, and Blay, Abram, and Johnson all got into her car.
Washington testified that on the night of the shooting he texted defendant asking where she was. She replied that she was on the Golden Gate Bridge. He texted her about an alibi, and she told him to say he had been at the beach with her. He texted Johnson that he was a "smart nigga" for going back.
A little after midnight on September 14, 2008, a video surveillance camera near the Alemany Housing Development recorded a vehicle pulling up on the 900 block of Ellsworth Street in San Francisco. Someone in the vehicle flashed the headlights a couple of times, and someone got in on the driver's side and drove away. A few minutes later, a nearby surveillance camera photographed a white Cadillac that was registered to defendant.
At 1:28 a.m. that same morning, a light-colored Cadillac with two people in it was photographed crossing the Golden Gate Bridge. While the license plate was illegible, a photograph showed defendant driving the car and paying the bridge toll.
The prosecutor introduced extensive evidence regarding telephone calls and text messages originating from telephones registered to each of the codefendants. There were 383,258 lines from one cellular service provider alone. That evidence included the following:
At 11:47 p.m. on September 13, 2008, Johnson texted defendant, "Man, I had to throw the big thang off the bridge." Defendant immediately replied, "Why?" Johnson texted, "What he talkin' bout." Defendant replied, "That—dat you had to rid of it?" Johnson replied at 11:52 p.m., "We can go back and get it but take me out there so I don't got to hear his mouth." At 11:53 p.m., defendant texted back, "You can't swim." At 11:54 p.m., Johnson replied, "Nah, it's by the nigga house, take me I'll meet you downtown right now."
At 12:36 a.m. on September 14, Washington received a text from defendant saying, "I'm a kick your butt, you messed up, now I got to clean it up."
At 12:37 a.m., Washington texted defendant, "I don't even know why B-Ray got out of the car, where you at." A minute later, defendant replied, "on the G bridge." Washington responded, "text me when you get there." Defendant replied, "K."
At 1:11 a.m., defendant texted Washington, "I got it." At 1:50 a.m., he replied, "Everythin? You got everythin?" Defendant responded, "Yeah." At 1:53 a.m., she texted Washington, "Just got back." At 1:55 a.m., Washington texted defendant, "So, it wasn't no police around?"
At 8:27 a.m., defendant texted Washington, "Damn yesterday when came back from our lil vacation, I was all good, now everything fuck dat up. I guess I'm goin' back up there this Friday so I can relax again." That morning, at 10:44 a.m., Washington texted defendant, "Keep it real. Do you think we should have ran through dude house before doing what we did?"
At 4:30 p.m. on September 21, defendant texted Washington, "That you went down with you guys . . . just stick to what I said." A minute later, Washington replied, "Don't text nothing like that but I know what you said."
At 11:13 a.m. on September 22, Washington texted defendant, "Do you think I should start paying on a lawyer?" Two minutes later, defendant replied, "not yet, just put some money to the side you ain't done shit, you was with me." A few minutes later, she again texted him, "Don't trip baby I got you, you ain't leaving me." At 1:12 p.m., she texted him, "Stop stressing, its going to be all right. You and Ju are never gonna leave me."
San Francisco Police Sergeant Toney Chaplin, who worked on the gang task force, testified that "chop" means "assault rifle," "big thang" means "rifle," and "throw . . . off the bridge" means "to get rid of it."
Defendant was employed by the San Francisco Municipal Railway (Muni) at the time of Mr. Le's murder. On September 13, 2008, she worked a split shift from 7:02 a.m. to 1:10 p.m. and again from 1:55 p.m. to 5:39 p.m. The following day, she was supposed to begin work at 6:48 a.m. but did not actually begin until 8:56 a.m. She worked until 11:53 a.m. and then again from 1:24 p.m. to 6:36 p.m. None of her routes had stops on the Golden Gate Bridge or in Sausalito or Novato.
On March 19, 2009, defendant was interviewed by the police. A recording of the interview was played for the jury. In the interview, defendant said that Washington was her son's friend. Defendant worked as a Muni driver the evening of the shooting. She took the 28 line to the Golden Gate Bridge. She met up with Washington while she was on a break between 12:00 a.m. and 1:00 a.m. He dropped her off at the bus terminal and they went their separate ways. She did not to go Novato.
On June 15, 2009, defendant was again interviewed by the police. She claimed she met Washington, whom she described as a friend with benefits, at the "Marina Highlands" around midnight. They talked for about 90 minutes, and she then went home.
Defendant denied driving to Marin at 1:28 a.m. on September 14, 2008. When shown a picture of herself and Johnson at the tollbooth on the Golden Gate Bridge, she said she drove to Marin to meet Washington and then drove back.
Defendant said Johnson denied involvement in the shooting and she believed him. She said her goal was to keep her son out of trouble.
A recording of July 10, 2009 jail telephone call from defendant to an unknown person was played for the jury. In the call, defendant stated, "the only thing I did was be a mom. And, and they fuckin' with me."
REVIEW
We have reviewed the record on appeal and find no arguable issues requiring briefing. Defendant's conviction was supported by substantial evidence, and she was zealously represented by counsel.
The judgment of conviction is affirmed.
/s/_________
Richman, Acting P.J.
We concur:
/s/_________
Stewart, J.
/s/_________
Miller, J.