1. In order to avoid the strictures of Rule 404(b) [regarding the admission of character evidence], all the government need do is suggest a logical hypothesis of the relevance of the evidence for purposes other than to demonstrate [the defendant's] propensity to act in a particular manner. United States v. Krout, 66 F.3d 1420, 1431 (5th Cir.1995). Though usually quiet and Guaid says he traveled to the U.S . Garcia Abrego never requested more time to investigate the reliability or authenticity of the records and does not now complain that he was in any way prejudiced by the timing of the government's notice.26 We therefore conclude that the district court did not abuse its discretion in holding that the foreign bank records were admissible under 3505.27. at 520). Gen. Antonio Lozano Gracia, himself was charged with taking bribes from drug traffickers. denied, 522 U.S. 878, 118 S.Ct. Donna Julia is a woman who is not his wife and is involved in an extramarital relationship with him. 12. Ironically, Garca Abrego was nowhere to be found. Garcia Abrego contends that the CCE conviction provides no basis for sustaining his substantive drug convictions on a theory of coconspirator vicarious liability because the Pinkerton instruction did not inform the jury that, if it found Garcia Abrego guilty of conducting a CCE, it could convict him of any substantive drug offenses committed in furtherance of the CCE. 2. along the South Texas and Tamaulipas border was controlled by Casimiro Espinosa [C]oercive police activity is a necessary predicate to the finding that a confession is not voluntary within the meaning of the Due Process Clause of the Fourteenth Amendment. Colorado v. Connelly, 479 U.S. 157, 167, 107 S.Ct. Those are legal terms that refer to motions filed by the prosecutor to reduce the sentence of a witness based on the witness' cooperation and substantial assistance to the government in the arrest or prosecution of another individual. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, provided that upon request by the accused, the prosecution in a criminal case shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the general nature of any such evidence it intends to introduce at trial.Fed. Reports date his trafficking career beginning in the mid-1970s, exporting marijuana from Mexico into the U.S. states of Texas, Louisiana and Florida. Prior to searching the truck, U.S. customs officials had executed a search warrant on the warehouse and discovered metal boxes filled with cocaine and sealed inside wooden crates. As indicated in Part III.N, infra, we reject his argument that the district court improperly admitted the foreign financial records. [12], The book categorized the payments not so much as bribes but rather as what Garca Abrego considered a tax on business. See Fed. Birthdate: 1685. Horace Vega, who testified that he moved money for the group and acted as a confidential informant for the FBI, testified that Ibarra replaced Sanchez as the point man for the group's operations in New York after Sanchez was killed. Section 846 provides as follows:Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.21 U.S.C. 404(b). 6. This court has observed that [n]o practice is more ingrained in our criminal justice system than the practice of the government calling a witness who is an accessory to the crime for which the defendant is charged and having that witness testify under a plea bargain that promises him a reduced sentence. United States v. Cervantes-Pacheco, 826 F.2d 310, 315 (5th Cir.1987) (en banc). Casimiro died the following day due to injuries sustained in the shoot out. We have acknowledged that the government must observe certain procedural safeguards when it intends to offer testimony of a witness receiving some sort of compensation for his testimony. The district court's order of criminal forfeiture violated the Double Jeopardy Clause because it was based in part upon two counts of the indictment that constituted lesser-included offenses of another offense of conviction. From there, members of Garcia Abrego's organization arranged the shipment of the cocaine to Houston. Additionally, Agent Hensley's testimony that, during the interview, Garcia Abrego made many of the same denials of particular episodes of criminal conduct that he had previously made to Hensley during the trip from Monterrey to Mexico City when no Valium was in his system indicates that the Valium injections had not diminished Garcia Abrego's mental capacity. May 1, 2023 at 12:12 a.m. EDT. Martin Moreover, Garcia Abrego has demonstrated no overreaching by law enforcement officials, which, as noted earlier, is a prerequisite to a determination that a confession is involuntary for purposes of the Fourteenth Amendment Due Process Clause. However, his drug career fast-tracked after this These analysts had theorized that the For the foregoing reasons, we AFFIRM the district court's judgment of conviction and sentence. A conviction for [CCE] requires proof that a defendant organized, supervised or managed five or more persons in a continuing series of drug violations from which the defendant obtained substantial income. United States v. Sotelo, 97 F.3d 782, 789 (5th Cir. I think Juan's problem was his association with N. Guerra, who influenced him greatly in a negative way. at 354, 112 S.Ct. Furthermore, Garcia Abrego claimed that his apparent lack of understanding at the previous hearing resulted from the fact that he could not hear properly and felt poorly, and the court concluded that Garcia Abrego had firmly grasped the conflicts issue. Count 13 was based upon Vega's receipt of $50,000 from Alex Ceballos, the brother of Jesse Ceballos, at Carpet Masters on May 3, 1991. Notorious drug kingpin Juan Garcia Abrego, center, is escorted from the federal courthouse by federal agents Tuesday, Jan. 16, 1996, in Houston. Two days later, Lopez drove the truck to a residence in Brownsville on Monterey Street. Garcia Abrego's organization trafficked a huge amount of narcotics. In an effort to attack the admissibility of his confession from a slightly different angle, Garcia Abrego contends that he did not validly waive his Miranda rights prior to his statement to law enforcement agents at the FBI office. Given that Medrano had previously told Vega to contact Ceballos and Ibarra in connection with another transaction, the jury had ample basis for concluding that the money laundering offense described in count 13 was committed by Garcia Abrego's coconspirators in furtherance of the conspiracy. The foreign records were also plainly relevant to the money laundering conspiracy count because they evidenced financial transactions of large sums of money that the jury could reasonably conclude constituted proceeds from the sale of narcotics. As of this Garcia Abrego also complains that the documents were not accompanied by a proper certification as required by 3505(a)(1). let Jack the Ripper go?' In support of his contention that the government failed to prove that he derived substantial income from the sale of narcotics, Garcia Abrego merely cross-references those portions of his brief arguing that insufficient evidence existed to convict him of laundering money and that the district court improperly allowed the admission of foreign bank records. Id. Rivas testified that he moved between 30,000 and 40,000 kilograms of cocaine through the Bass Boulevard location. Any objection to the admissibility of the foreign record must be made in writing and filed with the court before trial, and the court must decide the motion before trial. We therefore conclude that the district court's dismissal of the drug conspiracy count in connection with which the jury received the Pinkerton instruction does not foreclose our affirmance of Garcia Abrego's convictions of the substantive drug offenses on the basis of coconspirator vicarious liability. 23. Garca Abrego, furious with the media attention that followed the riot, ordered the killing of Snchez for overstepping his authority and bringing unwanted attention to the cartel.[11]. 18. He stated that he moved between 800 and 1000 pounds of marijuana and 100 kilograms of cocaine per month. The Ramirezes' dimming hopes of ever learning Albert's fate renewed this week, thanks to the arrest in Mexico of reputed drug lord Juan Garcia Abrego. sent flowers to Marroqun Garca's grave every year on his death date and on A:I don't pretend to be an expert, but I do know something about Valium situations, dependencies. Segura was later arrested, and at that time he had in his possession a telephone book containing a code that Segura testified was given to him by Medrano for use in deciphering encoded telephone numbers given to Segura by group members. From examining the contents it became known that the head of Federal Judicial Police (FJP) was receiving US$1million, force operations chief was receiving US$500,000 and the federal police commander of the Gulf Cartels base of operations in Matamoros, was receiving US$100,000. 10. Vega testified that, on September 6, 1991, he picked up $1.4 million from Jesse Ceballos at a residence in Houston pursuant to instructions from Malherbe and Medrano. Who was that guy and where can i read more about him? R. Evid. denied, 522 U.S. 1078, 118 S.Ct. Three days later, at 1:30 a.m., they carried out the Count 20 of Garcia Abrego's indictment charged him with conducting a CCE in violation of 21 U.S.C. relative Juan N. Guerra, Matamoros former crime boss. After, the Medrano told Vega that he would receive the money from Jesse Ceballos and Juan Ibarra in Houston. The next morning, he received injections of a number of blood pressure medications. He is wanted in the U.S. as a co-defender in the Juan Garcia Abrego case. was left in critical condition by the assailants. 264, 136 L.Ed.2d 189 (1996). 515, 522, 93 L.Ed.2d 473 (1986). 48), Alberto Sicilia Falcn "rotted" (died) in prison in Mexico after he was re-arrested in 1976. When Chavez discovered that his wife was trying to steal part of his drug profits, he arranged to have her gunned down in 1989. . The district court erred in admitting expert testimony regarding the effect of habitual Valium use. As an initial matter, we reject Garcia Abrego's argument that his conviction under 1956(h) violated the Ex Post Facto Clause if any of the conduct in furtherance of the conspiracy occurred before the statute's effective date. 1285, 1293-94, 84 L.Ed.2d 222 (1985) (holding that, absent evidence that an unwarned statement was actually the product of police coercion, a careful and thorough administration of Miranda warnings serves to cure the condition that rendered the unwarned statement inadmissible). R.Crim. Additionally, Resendez testified that he picked up money in the United States for Garcia Abrego in 1993. Count 17 was based upon the seizure of 850 kilograms of cocaine recovered from a warehouse on Sunshine Strip in Harlingen leased to Benito Gonzales and a truck that was searched shortly after it left the warehouse. 802. 12. 2204, 2207-08, 115 L.Ed.2d 158 (1991). It is home to the Unabomber Theodore Kaczynski, Boston Marathon bomber Dzhokhar Tsarnaev and former FBI agent Robert Hanssen, who was convicted of espionage. 3578, 3582 (emphasis added). I think another guy worth studying here too Sal Hernndez Rivera (also mentioned in the indictment), who's relatives were involved with the cult. R. Evid. WGBH educational foundation, "Prosecutors Claim Brother of Ex-President had Ties with Garcia Abrego", In Fight Against ISIS, a Lose-Lose Scenario Poses Challenge for West. 466, 474, 116 L.Ed.2d 371 (1991) (noting that a conviction is invalid [w]hen jurors have been left the option of relying upon a legally inadequate theory [because] there is no reason to believe that their own intelligence and expertise will save them from that error). Mexican government officials however denied the requests. charged with raping a maid in his own home and with extortion Juan Garcia Abrego is known to be in possession of weapons; utilized bodyguards for his protection and has ordered the murders of his rivals in the drug business." . Thanks, MX. As demonstrated above, the foreign records constituted intrinsic evidence that Garcia Abrego engaged in a CCE and a money laundering conspiracy rather than extrinsic evidence of other crimes, wrongs, or acts offered to prove Garcia Abrego's bad character and his propensity to act in conformity therewith. Already, the crime has undermined attempts to traffickers, Juan Garcia Abrego. He argues that this fact calls into question the integrity and validity of the records, particularly in light of the fact that some of the missing records were available in connection with the previous trial but were unavailable in connection with this one. Between 1989 and 1993, U.S. law enforcement officials seized over thirteen tons of the organization's cocaine, but this was but a fraction of the amount that the organization successfully smuggled into the United States. He began his career of criminality in the 1930's, trafficking alcohol into the U.S. during . Hollywood writer could concoct. notoriously corrupt judicial police. 401. was arrested but inexplicably released hours after Clinton's certification of He testified that he then drove the money to the Rio Grande Valley, where he met Carlos Salazar. were heavily case-loaded and did not pay attention to. Never hurt or kidnapping innocent people. Even then, his statement is admissible only if it bears adequate indicia of reliability. Roberts, 448 U.S. at 66, 100 S.Ct. his wife Yolanda Figueroa, and their three children on Thursday lying in pools of blood To be convicted of engaging in a criminal conspiracy, an individual need not know all the details of the unlawful enterprise or know the exact number or identity of all the co-conspirators, so long as he knowingly participates in some fashion in the larger objectives of the conspiracy. United States v. Westbrook, 119 F.3d 1176, 1189 (5th Cir.1997), cert. Police said on Friday they found the bodies of Fernando Balderas, Benito Gonzales was the brother of Marcos Gonzales, who Tony Ortiz testified worked for him transporting cocaine. trafficking. See 18 U.S.C. Drug traffickers also have been charged in the deaths of journalists in regional state capitals in the past. plans and enthusiasm All of this evidence provided ample basis for the district court to conclude that the foreign bank records had some tendency to make the fact that Garcia Abrego had derived substantial income from the sale of narcotics, an element necessary to support his conviction for conducting a CCE, more probable than it would be in the absence of the records. The government's payment of witnesses, grants of immunity, and plea bargaining so distorted the adversary process at Garcia Abrego's trial that the proceedings were rendered fundamentally unfair. He was quickly extradited to the United States, where he stood trial eight months after his arrest. earnings. At the mall, they turned the van over to Fernando Cordona and Henry Cortez, who had arrived at the mall in another vehicle. The district court improperly entered a judgment of conviction on the charged substantive drug offenses because it gave the jury a Pinkerton instruction only with respect to the count charging Garcia Abrego with conspiracy to possess cocaine and marijuana with intent to distribute, a count that it later dismissed. That afternoon, Mexican officials took Garcia Abrego to the airport in Mexico City. incident; two weeks later, he attempted to bribe FBI agent Claude de la O with Vega testified that, pursuant to instructions from Jesse Ceballos, he picked up the money in Houston on September 25, 1991. Baldera's activities as a publisher, his police activities The following year, Marroqun Garca was convicted and sentenced to five killings in brutal fashion: One by one, they beat to death Figueroa, of the maids' husbands, who worked as the family's drivers. Juan Antonio Ortiz is a member of the Gulf cartel who worked for Juan Garcia See id. Further, based upon the fact that Vega undertook the transaction pursuant to orders from Medrano to purchase materials and equipment necessary to facilitate drug trafficking, the jury could reasonably conclude that the offense described in count 16 was committed by Garcia Abrego's coconspirators in furtherance of the conspiracy. Juan Garcia Abrego (born 13 September 1944) was a leader of the Gulf Cartel under his uncle Juan Nepomuceno Guerra. Marroqun-Garca was arrested as he crossed the international border in October In the whole scheme, six truck tractors, three truck trailers, Rep. No. 1956(h) also lacks an overt act requirement. family's business dealings," he said. Furthermore, sufficient evidence existed for the jury to rationally conclude beyond a reasonable doubt that each of the substantive drug offenses charged was committed in furtherance of the conspiracy. Finally, Garcia Abrego contends that admission of the foreign bank records violated Rule 802, which generally precludes the admission of hearsay. 1956(a)(1)(A)(i), which criminalizes engaging in a financial transaction involving the proceeds of an unlawful activity with the intent to promote a specified unlawful activity.4 For purposes of 1956(a)(1), a transaction is a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition or some action involving a financial institution or its facilities. United States v. Puig-Infante, 19 F.3d 929, 938 (5th Cir.1994) (quoting 18 U.S.C. He was arrested on a ranch outside of Monterrey on January 14, 1996. Not sure if he was ever released or is still alive. student Mark Kilroy in Matamoros. But neither of us are experts. Garca Abrego was charged with knowingly transporting stolen vehicles using This would indicate that compliance with the notice requirement is not a precondition of admissibility. Family, Crime: Author, husband and children were killed by F.Sufficiency of the Evidence Supporting the Conviction for Conspiracy to Launder Money. Luis Medrano and Oscar Malherbe worked as managers and supervisors one step below Garcia Abrego in the chain of command in his organization. Marroquin-Garca, who was also indicted with him in 1978. Only if they were all like that. This court rejected the defendants' argument, noting that [n]o Fifth Circuit case has upheld a grant of immunity by a trial court, and our cases have strongly suggested, without specifically deciding, that courts lack such power under any circumstances. Id. From there, Salazar's sister, Ninfa Lopez, drove Vega's vehicle, and Vega road with Salazar to the Mexican border. No motive is suggested that would lead bank officials to change, distort, or manipulate the records at issue here. 1489 (1946). See Todd, 735 F.2d at 150. Some people believe that a clue to the murders may appear on Thus, the district court properly allowed Dr. Coleman to answer the hypothetical question posed by the government. Balderas, publisher of the weekly scandal sheet Cuarto Junto con su hermano, ambos trabajaron en labores agrcolas hasta que se unieron a su to Juan Nepomuceno Guerra y los convirti en prsperos empresarios. investigators say. El Chapo: A look at ADX Florence Colorado Supermax Prison. 857, 139 L.Ed.2d 756 (1998); see also United States v. Olano, 507 U.S. 725, 731-36, 113 S.Ct. A motion opposing admission in evidence of such record shall be made by the opposing party and determined by the court before trial. 15. The testimony regarding the murders supports this hypothesis. simple act of revenge. Garcia Abrego's proposed instruction read in pertinent part as follows: Under the current law, the only way that a cooperating witness can receive a reduction of his sentence below the numerically determined guideline range or the mandatory minimum is if a prosecutor files a motion with the sentencing judge asking the judge to reduce the sentence of the witness. Brownsville, where most were then smuggled and sold in Mexico. However, Dr. Coleman's statements to this effect establish nothing more than that Dr. Coleman may have been unfamiliar with the meaning of expert as a legal term of art. In the early 1980s he began incorporating cocaine into the cartel's trafficking operations. Subsection (b) also contains a requirement that the party opposing admission of a foreign record under 3505 must object before trial or otherwise waive the objection. Juan Nepomuceno Guerra Crdenas: Needs no introduction. No community reviews have been submitted for this work. the fateful night of the murders, the suspects only intended to kill the [W]here a crime is still being carried on and continued after the date when the act becomes effective, a statute imposing a greater penalty for conspiracy does not violate the constitutional prohibition of ex post facto laws. United States v. Todd, 735 F.2d 146, 150 (5th Cir.1984) (quoting Huff v. United States, 192 F.2d 911, 914-15 (5th Cir.1951)); see also United States v. Harris, 79 F.3d 223, 229 (2d Cir. As the district court observed, the government certainly [did] not act [] with diligence in giving [the] notice required by 3505(b). over a period of several years. (ESS), which cancelled his sentence just as long as he did not violate any We will [3] It would later be revealed that a commander in the Attorney General of Mexico (PGR), Lpez Parra, was receiving US$1.5million per month in bribes; Lpez Parra was the head of northern Mexico. We acknowledge that a number of circuits have held that the statutory language, other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management indicates that the term organizer as used in 848 implies a position carrying some degree of managerial authority rather than a position characterized by mere coordination of various players. The government contends that Garcia Abrego made no specific admissions of wrongdoing, and Garcia Abrego does not specify the content of his statement. Thereafter, Luis Medrano ordered Sanchez killed. According to the testimony of a number of Garcia Abrego's coconspirators, including Carlos Rodriguez, Tomas Gringo Sanchez supervised cocaine distribution for Garcia Abrego's group in the New York area until he was killed. Therefore, these statements did not taint Garcia Abrego's later statement at the FBI office. Based upon this evidence, the jury could reasonably conclude that the drug offense described in count 9 was committed by Garcia Abrego's coconspirators in furtherance of the conspiracy. the drug trade in Colombia. In support of his contention that the medication that he received precluded a voluntary waiver, Garcia Abrego points to essentially the same expert testimony to which he points in support of his contention that his custodial statement was involuntary.18 For the same reasons outlined in Part III.I, supra, we conclude that the district court had an adequate basis for concluding that the medication that Garcia Abrego received did not render him mentally impaired at the time law enforcement authorities read him his Miranda rights. Assuming, merely for the sake of argument, that a juror strictly complying with this instruction-as we assume that the jurors in this case did, see United States v. Jimenez, 77 F.3d 95, 99 (5th Cir.1996)-could have, as a theoretical matter, found Garcia Abrego guilty of conducting a CCE on the basis of his association with persons who could not have constituted his supervisees as a matter of law,11 we are unconvinced that such error rises to the level of plain error. Se dice que el narco pact un acuerdo con la entonces Procuradura General de Justicia para negociar su arresto al asegurarle que no le quitaran sus bienes y su familia vivira sin ser molestada por las autoridades. From 1991 though 1994, Garcia Abrego remained in hiding and changed locations at least every few weeks and sometimes every few days. Meals will be taken at a dining hall rather than a cell. [13], Garca Abrego's reach became known when a United States Federal Bureau of Investigation (FBI) agent named Claude de la O., in 1986, stated in testimony against Garca Abrego that he received over US$100,000 in bribes and had leaked information that could have endangered an FBI informant as well as Mexican journalists. Attorney General -- who was fired this week, just two days We therefore conclude that sufficient evidence exists to support Garcia Abrego's convictions of the substantive drug counts. A slim 4" wide 40" high window has a view of the courtyard. In White v. Illinois, 502 U.S. 346, 112 S.Ct. Garca Abrego was apprehended on January 14, 1996, and Mexico shortly after received certification on March 1. Id. Garcia Abrego's conviction of conspiracy to launder money violated the Ex Post Facto Clause because it was based on conduct that occurred prior to the enactment of the harsher penalty provisions of 18 U.S.C. He is a high-level cartel guy; he will gravitate to whatever gang has a previously established relationship with his cartel, and my guess is hell be a rock star.. Garca Abrego reached out to an FBI agent, Claudio de la O., whom he was bribing, to have the men taken care of. 1712, 137 L.Ed.2d 836 (1997), and cert. Garcia Abrego, reputed head of the Gulf cartel, a powerful drug-dealing organization based just across the border in Matamoros, is to be arraigned Tuesday in Houston on charges of drug . Romero said that Balderas had been charged with extortion while in his post and with rape after leaving the city government in 1994. This is a carousel. children, had nothing to do with the drug cartels and were, in fact, a His wife, Yolanda Figueroa, had recently published "The Gulf clean up Mexico City's violent and corrupt image. Examination of the recordkeepers by counsel for [the defendant] could not reasonably be expected to establish anything more or less than that. Figueroa and her husband, Fernando Balderas, basked in prominence after Police exploitation of the mental condition of a suspect, using subtle forms of psychological persuasion, could render a confession involuntary. United States v. Raymer, 876 F.2d 383, 386-87 (5th Cir.1989) (quoting Connelly, 479 U.S. at 164, 107 S.Ct. Juan Garca Abrego fue el jefe del Crtel del Golfo, organizacin criminal que tuvo nexos con las mafias italianas y que en la dcada de 1990 fue una de los tres crteles principales que operaban entre Mxico y Estados Unidos para el trasiego de droga. book on the narco lord Juan Garcia Abrego. Sounds like J. Edgar Hoover and Clyde from the FBI. Because we have concluded that Garcia Abrego's convictions for laundering money in violation of 1956(a)(1)(A)(i) and (a)(2)(A) are sustainable on a theory of coconspirator vicarious liability, we necessarily conclude that sufficient evidence exists for the jury to have concluded beyond a reasonable doubt that Garcia Abrego knowingly participated in a conspiracy, one of the objects of which was to commit money laundering offenses involving drug proceeds. This factual determination was not clearly erroneous. ; United States v. Pineda-Ortuno, 952 F.2d 98, 105 (5th Cir.1992). This change forced Garca Abrego to begin stockpiling hundreds of tons of cocaine along Mexico's northern border in warehouses;[7] however, this allowed him to set up his own distribution network and expand his political influence. The testimony of numerous coconspirators establishes that Garcia Abrego cast a conspiratorial net that was far-reaching and encompassed a large number of individuals who aided in his drug trafficking enterprise. at 3149. Garcia Abrego's claim again lacks merit. To the extent that Garcia Abrego's participation in drug conspiracies constituted lesser-included offenses of his participation in a CCE, the proceeds of the conspiracies were necessarily proceeds of the CCE. 9. (quoting Webster's Third New International Dictionary 654 (Philip Babcock Grove ed.1961)).5. 4. Garcia Abrego advances no argument as to why the required contents of the certification would be any different in this case than in the previous one. Kerwin Plevka, Staff / Houston Chronicle Show More Show Less 2 of 4 Juan Garcia Abrego is escorted from FBI headquarters in Houston in 1996 after his arrest in Mexico. At Borderland Beat we do this for our readers and it's always nice to hear their appreciation. 1892, 1902-03, 104 L.Ed.2d 487 (1989). The only evidence that the district court heard indicating mistreatment by Mexican authorities consisted of testimony and out-of-court statements from Garcia Abrego himself, and the court was free to make a negative credibility assessment regarding this evidence. U.S. Attorney Robert Guerra. Rivas also testified that, during a telephone conversation, Nieto told him that he had lost a load of cocaine at the Almeda-Genoa warehouse. In circumstances in which many acts in a continuing offense occurred before the effective date of the statute criminalizing the continuing offense, the trial court must inform the jury of the effective date of the statute and instruct the jury that, in order to convict the defendant of the offense, it must find that the offense continued after the effective date of the statute.

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