Therefore, we find the trial court did not err in imposing consecutive sentences for these offenses. The officers knew that other individuals affiliated with the Spanish Cobras, including some wanted for assaultive crimes and murder, were still at large and could be hiding in defendant Guerra's home. § 750.159i(l );  possession with intent to deliver less than fifty grams of cocaine, M.C.L. “Except as otherwise provided 6 ․ a person who violates this section is guilty of a crime punishable by ․ the penalty for the crime he or she solicited, induced, or intimidated another person to commit.”  MCL 333.7407a(3). FLINT (NEWSCHANNEL 3) – FBI agents have busted a child prostitution ring operating out of Michigan.Agents say four gang members with the Spanish Cobras, in Flint… 511, 517, 583 N.W.2d 199 (1998). m_gallery_title = "Family, friends remember Flint man killed in bar shooting during vigil"; In June 1998, Flint police officers executed felony arrest warrants regarding eleven individuals, including defendant Guerra. The Spanish Cobras (SC), also known as the Insane Spanish Cobras (ISC) is widely regarded as a product of the 1960s, there are several accounts of activities carried out in the area of Chicago in the early and mid-1950s by a mostly Latino criminal organization then known as the Crazy Snakes.According to some, these would then evolve in the modern Spanish Cobras. Defendant Guerra next argues that the trial court erred in denying his motion to suppress evidence found in his home. People v. Briseno, 211 Mich.App. § 333.7407a(2). at 64, 644 N.W.2d 790. Id. § 333.7401(2)(a)(iv). Generally, items that are seized during an unlawful search or that are the indirect results of an unlawful search may not be admitted as evidence against a defendant under the exclusionary rule. To the extent that the trial court's decision is based on an interpretation of the law, our review is de novo. The jury did not find defendant Gonzalez guilty of this offense. Therefore, defendant Gonzalez's maximum sentence for racketeering, thirty years, is within the statutory limit. Authorities say they believe the cousins are responsible for the shooting death of 24-year-old Zachary Scott Bradburn around 2:20 a.m. July 20 inside the Dawg House Bar, 4619 Fenton Road. She initially rebuffed them but said she took a car ride with the four men later in the evening. We find that the trial court did not err in denying defendant Guerra's motion to suppress. A consecutive sentence may be imposed only if specifically authorized by law. The decision whether to admit evidence is within the discretion of the trial court and will not be disturbed on appeal absent a clear abuse of discretion. After Hagler announced his purpose and ordered defendant Guerra to comply, defendant Guerra ran in the opposite direction through the house, zigzagging through other rooms. The Spanish Cobras is a primarily, but not exclusively, Latino gang started by Puerto Rican teens in Humboldt ParkChicago during the late 1950’s. 647, 660, 608 N.W.2d 123 (1999). 393, 419, 608 N.W.2d 502 (2000). 4. Relevance. Defendants were convicted pursuant to M.C.L. Lieutenant Hagler was also aware of threats made to the police by Spanish Cobra members, including defendant Guerra's cousin. People v. Snider, 239 Mich.App. 20 of those arrests took place in Michigan. Share this article: People v. Kaslowski, 239 Mich.App. We disagree. However, as a second-offense habitual offender, M.C.L. People v. Lukity, 460 Mich. 484, 488, 596 N.W.2d 607 (1999). Therefore, the trial court did not abuse its discretion in denying defendant Guerra's request to present the fact that Parrish was offered a plea agreement by the prosecution. The trial court sentenced defendant Guerra to thirteen years and four months to twenty years in prison for the racketeering conviction, eight to twenty years in prison for the conviction of possession with intent to deliver cocaine, one year and four months to two years in prison for the conviction of maintaining a drug house, and two years for the felony-firearm conviction. MCL 769.34(1) provides that the judicial sentencing guidelines “shall not apply to felonies ․ committed on or after January 1, 1999.”  MCL 769.34(2) provides that the sentencing guidelines promulgated by the Legislature apply to felonies “committed on or after January 1, 1999.”  People v. Reynolds, 240 Mich.App. To preserve an instructional error for review, a defendant must object to the instruction before the jury deliberates. Defendant Guerra appeals his convictions of racketeering,2 M.C.L. Defendant Guerra next argues that the trial court abused its discretion in not allowing him to impeach witness Mary Parrish with evidence of her plea agreement. Working undercover, Trooper Girke acted as a buyer in three drug transactions with Mary Parrish. 59, 65, 644 N.W.2d 790 (2002). Both of these items were immediately recognizable as contraband and were located in plain view. 305, 316, 625 N.W.2d 407 (2001), citing People v. Carines, 460 Mich. 750, 763, 597 N.W.2d 130 (1999). MCL 750.159f(c) defines a “pattern of racketeering activity” as follows: “Pattern of racketeering activity” means not less than 2 incidents of racketeering to which all of the following characteristics apply: (i) The incidents have the same or a substantially similar purpose, result, participant, victim, or method of commission, or are otherwise interrelated by distinguishing characteristics and are not isolated acts. However, this issue is moot 8 because the jury did not find defendant Guerra guilty of that offense. 2 Answers. If an habitual offender's underlying felony and criminal history demonstrate that he is unable to conform his conduct to the law, a sentence within the statutory limit is proportionate.’ ”  Id. Ocasio's wife said he had prior ties with the Spanish Cobras gang located in Milwaukee. In various sources, the spices for Flint Coney sauce simply specify “paprika”. Regardless of this waiver, though it may be error requiring reversal to exclude evidence of a prosecution witness's plea agreement on the basis of the right of confrontation, People v. Mumford, 183 Mich.App. Defendant Guerra was not charged with any conduct that occurred after 1998. Moreover, even without the evidence of defendant Guerra's juvenile act, there was ample evidence to support his conviction as discussed above. Defendant Guerra next argues that the trial court abused its discretion in admitting evidence of an assault that was allegedly ordered by him. m_gallery_type = "photo"; Gallery: Family, friends remember Flint man killed in bar shooting during vigil. Lastly, with regard to defendant Guerra's motion to suppress, I conclude that the initial search was far more expansive than is permissible as a protective sweep. As part of an investigation of the Spanish Cobras, Michigan State Trooper Dale Girke made several undercover drug transactions to discover the drug source. at 65, 644 N.W.2d 790, quoting People v. Compeau, 244 Mich.App. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. This Court reviews for clear error a trial court's ruling on a motion to suppress evidence. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. House Legislative Analysis, HB 4367, January 12, 1996. All the other predicate offenses, of which defendant Guerra was convicted, occurred when he was at least eighteen years old. Id. We agree that this testimony is ambiguous and could be read to place the incident in the early months of 1999. Defendant Guerra argues that even if the jurisdictional issue is moot, we should still address the instructional issue because “the trial court also instructed the jury that this alleged conduct may be considered when determining guilt on Count II [possession with intent to deliver less than fifty grams of cocaine].”   Although the jury was permitted to consider evidence of the alleged juvenile conduct, it found that there was insufficient evidence to establish that this conduct occurred. A Crime Area Target Team of the Flint Police Department, that had been investigating gang activity for several years, discovered that the Spanish Cobras, who originated in Chicago, had been active in Flint since the early 1990s. “Actual delivery is not required to prove intent to deliver.”  People v. Fetterley, 229 Mich.App. The men are allegedly all members of a Flint gang called the Insane Spanish Cobras, Potbury said. People v. Colon, 250 Mich.App. Generally, all relevant evidence is admissible. The parties do not argue that these exceptions are applicable to this case. Here, the challenged evidence was relevant to establish the existence of the enterprise and the participation of its members in a pattern of criminal activity. 2007_05_29 - Risking their necks, the 810 gang invaded Burton to score a mother load of injection molding pellets. Furthermore, the jury found him guilty of eleven of fourteen predicate offenses. I conclude that the trial court erred in refusing to allow defendant Guerra to question Parrish regarding her plea agreement. B. In this case, Sergeant Harold Payer testified that the amount of cocaine found in defendant Guerra's home, when considered with other confiscated items such as the sifter containing cocaine residue, a baggie containing cocaine, and weapons, led him to believe that defendant Guerra intended to deliver the cocaine, not merely possess it. It was reasonable to perform a protective sweep of the house, including the basement, to ensure that no individuals were hiding in the house. The trial court did not err in admitting the evidence that defendant Guerra ordered another Spanish Cobra member to assault Ryan Pinkston. Anyone with information is asked to call 715-682-7023. Regarding evidence of the criminal activities of others, I agree that evidence concerning the album seized from Jose Diaz's home was relevant and admissible. If a cook happens to have the Hungarian style in their pantry and use it, the sauce will end up far too sweet. 223401) and David A. Guerra (Docket No. Denio, supra at 691, 564 N.W.2d 13. 459, 461-462, 617 N.W.2d 363 (2000), and seizures of items in plain view if the officers are lawfully in the position from which they view the item, and if the item's incriminating character is immediately apparent, People v. Champion, 452 Mich. 92, 101, 549 N.W.2d 849 (1996). Get your answers by asking now. 1963, art. People v. Aldrich, 246 Mich.App. That event became the catalyst for the Humboldt Park Riots when the Latin Kings retaliated and … Family, friends remember Flint man killed in bar shooting during vigil. In addition, the officers found a marijuana cigarette on the floor in front of a couch in the basement. Suspected members of the gang were also charged for the 2008 killing of 14-year-old George E. Green. In these consolidated appeals from a joint jury trial, defendants Israel J. Gonzalez (Docket No. Pursuant to the search warrant, police seized two bags containing over ten grams of cocaine, a nine-millimeter, semiautomatic pistol, a quilt with gang symbols and colors, other gang-related material and photographs, and drug paraphernalia. Various Factions throughout the United States. The Spanish Cobras were primarily drug traffickers, but also committed larcenies, burglaries, thefts, extortion, fencing of stolen property, and assaults. (ff) A violation of section 529, 529a, 530, 531, concerning robbery. This Court also reviews de novo claims of instructional error. The girl testified the attack happened in the summer of 2014 when she was accosted by the four men at a party in Flint. (gg) A felony violation of section 535, 535a, 536a, concerning stolen, embezzled, or converted property. Accordingly, we find no abuse of discretion. 6 years ago. Responsible for the near extermination of the Insane Unknowns, as well as the Spanish Lords. The photo album was, therefore, relevant to show the existence of the Spanish Cobras and defendants' membership therein. 0 0. While a witness's credibility may be attacked by the party calling the witness, MRE 607, defendant was attempting to impeach testimony that he initially elicited from Parrish. Regarding the similar-acts evidence and the jury's consideration of the evidence in relation to the count of possession with intent to deliver, I find no error requiring reversal under the circumstances because defendant Guerra did not request a limiting instruction when the evidence was admitted, and objects to the evidence only on the basis of failure to give the notice required by MRE 404(b). Under this subsection, the enterprise is “the instrument through which illegal activity is conducted.”  United States v. Chance, 306 F.3d 356, 372-373 (C.A.6, 2002). Our Supreme Court has interpreted M.C.L. MCL 333.7407a(2). The trial court did not err in denying defendant Guerra's motion to suppress. Nicholas Robinson, the attorney representing the men, denied they were involved with any gang. Defendant Guerra argues that the purpose of admitting this evidence was to establish that Lieutenant Hagler was a gang expert. 320, 323, 608 N.W.2d 539 (2000). The Spanish Cobras were primarily drug traffickers, but also committed larcenies, burglaries, thefts, … The Cobras are considered the second-largest Latino Folk gang on the north and northwest side, with the Maniac Latin Disciples being the first. All rights reserved. This evidence tended to show that defendants were part of the enterprise known as the Spanish Cobras. Michigan accounted for 20 of the total arrests, all of which came from Detroit and Flint. This witness was then questioned about cocaine solicitation, to which the witness responded that there was “just one incident.”   The exchange continued: A. When Hagler approached defendant Guerra's house, he noticed defendant Guerra behind an Armorguard door. We disagree. Begin typing to search, use arrow keys to navigate, use enter to select. 101, 124, 631 N.W.2d 67 (2001). Most people don’t realize there are numerous kinds of paprika available. Defendants, as well as three other individuals,3 were charged with racketeering, M.C.L. As discussed above, the legislative sentencing guidelines do not apply to defendant Gonzalez's convictions. The Spanish Cobras were primarily drug traffickers, but also committed larcenies, burglaries, thefts, extortion, fencing of stolen property, and assaults. Well, that-that it was-it had-I think it was in the winter of ′98-. IV;  Const. PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Israel J. GONZALEZ, Defendant-Appellant. People v. Milbourn, 435 Mich. 630, 635-636, 654, 461 N.W.2d 1 (1990);  People v. Bennett, 241 Mich.App. Relevant evidence is “evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.”  MRE 401. People v. Sabin (After Remand), 463 Mich. 43, 67, 614 N.W.2d 888 (2000). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. MCL 333.7401(3) prescribes consecutive sentencing for offenses involving controlled substances that are enumerated in M.C.L. Registration on or use of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your California Privacy Rights (each updated 1/1/21). People v. Harris, 224 Mich.App. Lieutenant Hagler articulated facts that would form “a reasonable belief” that there may have been individuals in defendant Guerra's home who posed a danger to the arresting officers. 5. All rights reserved (About Us). During the execution of the search warrant at Diaz's home on March 17, 1998, police officers discovered a photo album covered in green and black, the Spanish Cobras' colors. In March 1998, Flint police executed a search warrant at Diaz's home where they found firearms and various items exhibiting gang colors and symbols, as well as photographs of gang members, including defendants, wearing gang paraphernalia and making gang signs. 10, 32, 650 N.W.2d 96 (2002).
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