People v. Vargas-Alvarez CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedure 1. Second amended indictment On June 21, 2017, Jose, Emanuel, and Guillermo were charged in a second amended indictment with conspiracy to traffic cocaine (§ 182, subd. (a); Health & Saf. Code, § 11352; count 1); kidnapping for extortion (§ 209, subd. (a); count 2); kidnapping between counties (§ 207, subd. (a); count 3); possessing cocaine for sale (Health & Saf. Code, § 11351; count 10); possessing methamphetamine for sale (Health & Saf. Code, § 11378; count 11); possessing a silencer (§ 12520; count 12); possessing more than $100,000 for the purchase of drugs (Health & Saf. Code, § 11370.6; count 14); three counts of possessing false compartments for the purpose of smuggling drugs (Health & Saf. Code, § 11366.8, subd. (a); counts 15, 16 & 17); and possessing an assault weapon (§ 12280, subd. (b); count 28). The indictment also charged Jose with a second count of conspiracy to traffic cocaine (§ 182, subd. (a); Health & Saf. Code, § 11352; count 8), two counts of conspiracy to commit murder (§§ 182, subd. (a)(1), 187; counts 4, 5), and

3 witness tampering (§ 136.1, subd. (c)(1); count 29).4 With respect to the drug charges,…