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Criminal Law Keyed to Weaver
People v. Mamaril
Citation:
2009 WL 1177057 (Cal.App. 3 Dist. 2009)Facts
On multiple occasions Stanford discussed with Carter and sometimes with Mamaril on the line as well about what Mamaril needed to do (buying cocaine and delivering it to Carter) and what Carter should do with the cocaine and money from sales. Mamril also wrote a note for Carter to deliver to Stanford to only refer to Mamaril as “Relative,” which Carter delivered, but not the original note which was later found by police in her apartment. Carter was familiar with drug terms and code words that were used in these conversations. When she was arrested, she cut a deal to testify against Mamaril and Stanford. The information alleged 5 total overt acts, and they are as follows: (1) Stanford directed Mamaril to pick up the cocaine which they referred to as “work”; (2) Mamaril did pick up the cocaine; (3) Mamaril delivered the cocaine to Carter; (4) Stanford called Carter from jail and instructed her on selling the cocaine and what to do with the proceeds; and (5) Carter sold the cocaine for Stanford.
Mamaril contends that overt acts (1) and (4) are not overt acts, but are rather acts regarding the agreement element, not the overt act element. Mamaril contends that overt acts (2), (3), and (5), only have the uncorroborated testimony of Carter as evidence, and therefore the evidence is insufficient.
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