Gonzalez

People v. Gonzalez

Caution
11 Cal. Rptr. 3d 434·116 Cal. App. 4th 1405·2004 Cal. App. LEXIS 379·2004 Daily Journal DAR 3671·2004 Cal. Daily Op. Serv. 2498
Court of Appeal of CaliforniaMarch 24, 2004A099987, A102435California5,237 words

Opinion

Opinion

Swager, J.

We have before us the consolidated appeals of two brothers, Ruben and Simon Gonzalez, who were jointly tried before a jury with other codefendants, and together convicted of conspiracy to transport heroin, cocaine, and methamphetamine for sale, among other target crimes (Pen. Code, § 182; Health & Saf. Code, §§ 11351, 11352, 11378, 11379), possession of heroin for sale (Health & Saf. Code, § 11351), possession of methamphetamine for sale (Health & Saf. Code, § 11378), transportation of heroin for sale to a noncontiguous county (Health & Saf. Code, § 11352), and sale or transportation of heroin (Health & Saf. Code, § 11352), with associated drug quantity enhancements (Health & Saf. Code, § 11370.4; Pen. Code, §§ 1203.07, subd. (a) & 1203.073). Ruben was also separately convicted of possession of a false compartment (Health & Saf. Code, § 11366.8), and misdemeanor child endangerment (Pen. Code, § 273a).

Appellants both argue that the . reasonable doubt instruction was not properly clarified by the trial court, and the instruction on jury deliberations was erroneous. Ruben challenges his conviction for use of a false compartment; Simon challenges the finding against him of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.