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					                                                                                            Dept. No.


                     SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA,
                                 HAYWARD HALL OF JUSTICE

 PEOPLE OF THE STATE OF CALIFORNIA                 NO.
                                                   COMPLAINT
 v.

 RAFAEL TOVAR                                      PFN: BAW602            CEN:
 also known as RAUL RAMIREZ

 DANIEL LLOYD HOWARD                               PFN: BBZ343            CEN:

 DANIELA GUZMAN                                    PFN: BJJ188            CEN:




                                   Defendant(s).                           RESTITUTION

The Undersigned, being sworn says, on Information and belief, that RAFAEL TOVAR also known as RAUL
RAMIREZ, DANIEL LLOYD HOWARD and DANIELA GUZMAN did, in the County of Alameda, State of
California, on or about December 15, 2010, commit a Felony, to wit: MURDER, a violation of section 187(a) of
the PENAL CODE of California, in that said defendant(s) did unlawfully, and with malice aforethought, murder
JUSTICE AFOA, a human being.
"NOTICE: The above offense is a serious felony within the meaning of Penal Code section 1192.7(c) and a
violent felony within the meaning of Penal Code section 667.5(c)."
"NOTICE: Conviction of this offense will require you to provide specimens and samples pursuant to Penal
Code section 296. Willful refusal to provide the specimens and samples is a crime."
                    GANG: FELONY CLAUSE AS TO DEFENDANT RAFAEL TOVAR
It is further alleged pursuant to Penal Code section 186.22(b)(1) as to count one, that the above offense was
committed for the benefit of, at the direction of, and in association with a criminal street gang with the specific
intent to promote, further and assist in criminal conduct by gang members.


              USE OF DEADLY WEAPON CLAUSE AS TO DEFENDANT RAFAEL TOVAR
It is further alleged as to count one, that in the commission and attempted commission of the above offense, the
said defendant RAFAEL TOVAR, personally used a deadly and dangerous weapon(s), to wit: knife, said use
not being an element of the above offense, within the meaning of Penal Code Section 12022(b)(1) and causing
the above offense to be a serious felony within the meaning of Penal Code section 1192.7(c)(23).
                   GANG: FELONY CLAUSE AS TO DEFENDANT DANIEL HOWARD
It is further alleged pursuant to Penal Code section 186.22(b)(1) as to count one, that the above offense was
committed for the benefit of, at the direction of, and in association with a criminal street gang with the specific
intent to promote, further and assist in criminal conduct by gang members.


             USE OF DEADLY WEAPON CLAUSE AS TO DEFENDANT DANIEL HOWARD
It is further alleged as to count one, that in the commission and attempted commission of the above offense, the
said defendant DANIEL LLOYD HOWARD, personally used a deadly and dangerous weapon(s), to wit: knife,
said use not being an element of the above offense, within the meaning of Penal Code Section 12022(b)(1) and
causing the above offense to be a serious felony within the meaning of Penal Code section 1192.7(c)(23).
                   GANG: FELONY CLAUSE AS TO DEFENDANT DANIELA GUZMAN
It is further alleged pursuant to Penal Code section 186.22(b)(1) as to count one, that the above offense was
committed for the benefit of, at the direction of, and in association with a criminal street gang with the specific
intent to promote, further and assist in criminal conduct by gang members.


          16 YEARS OLD MINOR - 707(d) CLAUSE AS TO DEFENDANT DANIELA GUZMAN
It is further alleged, pursuant to subdivision (d)(1) of Section 707 of the Welfare and Institutions code, that the
defendant was a minor who was at least 16 years of age the time of the commission of the above offenses.

                                              SECOND COUNT
The Undersigned further deposes and says on Information and belief, that said RAFAEL TOVAR also known
as RAUL RAMIREZ, DANIEL LLOYD HOWARD and DANIELA GUZMAN did, in the County of Alameda,
State of California, between September 12, 2010 and December 15, 2010, commit a Felony, to wit:
CONSPIRACY TO COMMIT A CRIME, a violation of section 182(a)(1) of the PENAL CODE of California,
in that said defendant(s) did unlawfully conspire together and with another person and persons whose identity is
unknown to commit the crime of murder, in violation of Section 187 of the Penal Code, a felony; that pursuant
to and for the purpose of carrying out the objectives and purposes of the aforesaid conspiracy, the said
defendant(s)s committed the following overt act and acts at and in the County of Alameda: On 9/12/2010,
Daniela Guzman and Rafael Tovar tell Jesus Tovar there is a plan to retaliate..

                FIRST PRIOR CONVICTION AS TO DEFENDANT RAFAEL TOVAR
The undersigned further alleges that before the commission of the offense specified above, said defendant
RAFAEL TOVAR also known as RAUL RAMIREZ, on or about November 15, 2001, was convicted in the
Superior Court of the State of California, in and for the County of ALAMEDA, of the crime of a Felony, to wit:
OBLITERATING THE IDENTIFICATION OF A FIREARM, a violation of section 12090 of the PENAL
CODE of California, and received a sentence of probation therefor.


                SECOND PRIOR CONVICTION AS TO DEFENDANT RAFAEL TOVAR

The undersigned further alleges that before the commission of the offense specified above, said defendant
RAFAEL TOVAR also known as RAUL RAMIREZ, on or about May 24, 2005, was convicted in the Superior
Court of the State of California, in and for the County of SAN JOAQUIN, of the crime of a Felony, to wit:
UNLAWFUL DRIVING OR TAKING OF A VEHICLE, a violation of section 10851(a) of the VEHICLE
CODE of California, and received a sentence of probation therefor.


                 THIRD PRIOR CONVICTION AS TO DEFENDANT RAFAEL TOVAR

The undersigned further alleges that before the commission of the offense specified above, said defendant
RAFAEL TOVAR also known as RAUL RAMIREZ, on or about September 9, 2005, was convicted in the
Superior Court of the State of California, in and for the County of ALAMEDA, of the crime of a Felony, to wit:
POSSESSION FOR SALE OF A CONTROLLED SUBSTANCE, a violation of section 11378 of the HEALTH
AND SAFETY CODE of California, and received a prison term therefor.
                FOURTH PRIOR CONVICTION AS TO DEFENDANT RAFAEL TOVAR

 The undersigned further alleges that before the commission of the offense specified above, said defendant
 RAFAEL TOVAR also known as RAUL RAMIREZ, on or about July 2, 2007, was convicted in the Superior
 Court of the State of California, in and for the County of ALAMEDA, of the crime of a Felony, to wit:
 POSSESSION OF FIREARM BY A FELON - PRIOR(S), a violation of section 12021(a)(1) of the PENAL
 CODE of California, and received a prison term therefor.


                  FIFTH PRIOR CONVICTION AS TO DEFENDANT RAFAEL TOVAR

 The undersigned further alleges that before the commission of the offense specified above, said defendant
 RAFAEL TOVAR also known as RAUL RAMIREZ, on or about June 13, 2008, was convicted in the Superior
 Court of the State of California, in and for the County of ALAMEDA, of the crime of a Felony, to wit:
 POSSESSION FOR SALE OF A CONTROLLED SUBSTANCE, a violation of section 11378 of the HEALTH
 AND SAFETY CODE of California, and received a prison term therefor.


                 FIRST PRIOR CONVICTION AS TO DEFENDANT DANIEL HOWARD

 The undersigned further alleges that before the commission of the offense specified above, said defendant
 DANIEL LLOYD HOWARD, on or about April 18, 2001, was convicted in the Superior Court of the State of
 California, in and for the County of ALAMEDA, of the crime of a FELONY, to wit: ASSAULT WITH A
 FIREARM, a violation of section 245(A)(2) of the PENAL CODE of California, and received a sentence of
 probation therefor.


               SECOND PRIOR CONVICTION AS TO DEFENDANT DANIEL HOWARD

 The undersigned further alleges that before the commission of the offense specified above, said defendant
 DANIEL LLOYD HOWARD, on or about June 19, 2003, was convicted in the Superior Court of the State of
 California, in and for the County of SANTA CLARA, of the crime of a Felony, to wit: FALSE
 IMPRISONMENT BY VIOLENCE, a violation of section 236 of the PENAL CODE of California, and
 received a prison term therefor.




Pursuant to Penal Code Section 1054.5(b), the People are hereby informally requesting that defendant’s counsel
provide discovery to the People as required by Penal Code Section 1054.3.

Complainant therefore prays that a warrant issue and that said defendant(s) be dealt with according to law.

Subscribed and sworn to before me,                          ________________________________________
 Wednesday, December 12, 2012                               /s/ Newark PD-02356119

____________________________
ELGIN D. LOWE
Deputy District Attorney
State Bar #186235 EOC
Alameda County, California

				
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