People v. Ochoa
Annotate this CaseOchoa was the middleman in a drug ring supplying methamphetamine for the Nuestra Familia criminal street gang. In 2008, he and his suppliers were charged with conspiracy to distribute methamphetamine. The defendants included no known members of Nuestra Familia; the complaint charged no gang-related offenses or enhancements. After defendant pleaded no contest to conspiracy and possession charges, the trial court imposed a total sentence of 10 years in prison. One month later, Ochoa and 28 others were indicted for active participation in Nuestra Familia. Ochoa was charged with conspiracy to distribute methamphetamine for the benefit of Nuestra Familia. Ochoa unsuccessfully moved to dismiss, citing the bar against multiple prosecutions, Penal Code section 654, and double jeopardy grounds. Ochoa then pleaded no contest to one count of conspiracy to distribute methamphetamine for the benefit of a criminal street gang, reserving the right to appeal. The court of appeals reversed, reasoning that the prosecution was aware that the same course of conduct formed a significant part of the offenses charged in the 2008 complaint. The court did not reach the claim of double jeopardy.
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