California v. Lara
Annotate this CaseStephen Lucero was shot to death several hours after he and fellow gang members, defendants Alberto Lara, Issiah Flores, and Aurelio Espinoza, III burglarized a house in Stockton, taking an assortment of electronics and firearms from the house. Each defendant was charged with Lucero’s murder, residential burglary, and gang participation; defendants Flores and Espinoza were also charged with possession of a firearm by a minor and possession of ammunition by a minor; Flores was further charged with additional counts of possession of a firearm by a minor and possession of ammunition by a minor and receiving stolen property. Defendants were tried together before two separate juries; each defendant was convicted of murder (first degree as to Lara, second degree as to Flores and Espinoza), residential burglary, and gang participation. Flores was also convicted of the remaining counts charged against him; Espinoza was not convicted of the remaining counts charged against him. Lara was sentenced to serve an indeterminate prison term of 25 years to life for the murder plus a consecutive determinate term of 12 years. Flores was sentenced to serve an indeterminate prison term of 15 years to life for the murder plus a consecutive determinate term of 12 years. Espinoza was sentenced to serve an indeterminate prison term of 15 years to life for the murder plus a consecutive determinate term of 10 years. On appeal, defendants: (1) challenged the sufficiency of the evidence to support their murder convictions; and (2) challenged the sufficiency of the evidence to support their gang participation convictions and the gang enhancement findings. After review, the Court of Appeal concluded there was insufficient substantial evidence to support Lara’s first degree murder conviction, requiring reduction of that conviction to second degree murder. The evidence was also insufficient to support second degree murder convictions as to Flores and Espinoza, requiring reversal of their murder convictions. With respect to the gang evidence, the Court concluded the evidence admitted against defendants was sufficient to support the gang convictions and enhancement findings notwithstanding an additional “associational or organizational connection” requirement. Because evidence establishing that required connection, as well as gang membership on the part of Flores and Espinoza, was admitted in violation of the controlling caselaw, and because admissions made by defendants during booking interviews were admitted against them in violation of "Elizalde," the Court reversed the gang crime convictions and enhancements for these constitutional errors.
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