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Category Archives: conspiracy

COUNT 3 MUST BE DISMISSED BECAUSE THE EVIDENCE SHOWS ONLY A MEXICAN MAFIA SOLICITATION UNDER PENAL CODE § 653f(d), NOT A CONSPIRACY. Penal Code § 653f(d) states, in relevant part: Every person who, with the intent that the crime be committed, solicits another to commit an offense specified in Section 11352, 11379, 11379.5, 11379.6, or 11391 of […]

COUNT 17 MUST BE DISMISSED FOR LACK OF EVIDENCE OF THE MEXICAN MAFIA’S SPECIFIC INTENT TO COMMIT AN ASSAULT WITH A FIREARM. Count 17, if not dismissed for want of overt action, should be dismissed on the alternative basis that the prosecutor failed to present evidence on the element of specific intent.  Count 17 alleges […]

MULTIPLE MEXICAN MAFIA CONSPIRACY COUNTS SHOULD BE DISMISSED FOR LACK OF EVIDENCE OF ANY OVERT ACTS BEYOND MERE PLANNING OR AGREEMENT. In California, the crime of conspiracy has four elements: “(1) an agreement between two or more people, (2) who have the specific intent to agree or conspire to commit an offense, (3) the specific […]

THE EVIDENCE PRESENTED TO THE GRAND JURY SUPPORTS PROBABLE CAUSE FOR ONLY A SINGLE CONSPIRACY TO BENEFIT THE MEXICAN MAFIA; ALL SUBORDINATE CONSPIRACY CHARGES SHOULD BE DISMISSED “The conspiracy is the crime, and that is one, however diverse its objects.”  (Frohwerk v. United States (1919) 249 U.S. 204, 210 [Holmes, J.].)  The prosecutor went to great […]

This Post Continues A Series That Will Comprise The Entirety Of The Matthew Keys Sentencing Documents Filed By The Defense – Part 5 THERE IS NO BASIS FOR AN ENHANCEMENT FOR AN “AGGRAVATING ROLE,” BECAUSE THE ACTIVITY DID NOT INVOLVE FIVE OR MORE PARTICIPANTS AND KEYS DID NOT EXERCISE MANAGERIAL OR SUPERVISORY CONTROL The PSR recommends […]