Defendant Convicted of Gun Charge, Gang Enhancement
DATE:March 13, 2018
CASE: Joseph Herrera (Case #17FE014338)
PROSECUTOR: Deputy District Attorney Matthew Moore, Career Criminal Prosecution Unit
Joseph Herrera was convicted by a jury of being a felon in possession of a firearm. The jury also found true a gang enhancement. Herrera admitted to allegations that he committed the offense while out on bail on a pending case, and that he has a prior strike conviction.
Herrera was a high ranking Varrio Diamond gang member. On July 29, 2017, Elk Grove police officers conducted a traffic stop on a car with Herrera in the front passenger seat. When officers searched the car, they found a loaded handgun with a high capacity magazine at Herrera’s feet. Herrera had recently been paroled and was subject to GPS monitoring, which showed he had traveled through several gang territories prior to the stop. Detectives also learned Herrera joined the Northern Structure Prison gang while in prison, and had become the top ranking Norteno for one of the Sacramento jail facilities while pending trial in this case.
Herrera has a 2010 strike conviction for assault with a firearm, and has a pending possession for sale of a controlled substance case (#17FE008238).
He faces a maximum sentence of 17 years in prison. Sentencing is set for April 27, 2018, at 1:30 p.m. in Department 15 before the Honorable Laurel White.