The victim's truck "burned rubber" as he left the scene. Los Angeles Police Detective Roger Fontes testified that a photograph from a security video depicting the events around the liquor store leading up to and including the shooting showed a male on a bicycle at the scene named Mario Lezeola. Sanchez issued another challenge to fight, and warned the victim that if he did not fight, Sanchez would tell the victim's clique that he "chickened out. When Sanchez's friend Mario arrived at the corner on his bike, the victim said to him, "I know you, I got love for you," which statement Sanchez interpreted as an expression of respect toward Mario, as if the victim "knew real good." Mario responded by telling the victim to go home, that everybody knew he was drunk because he had been drinking in front of the store, and that the victim could come back tomorrow to talk to him. When he arrived at the corner of 105th Street, the victim pulled up in his truck, called Sanchez "little homie" yet again, and said he would be back. " When the victim refused to fight, Sanchez taunted, "You bitch, you don't want to fight me"īecause the victim refused to fight, Sanchez began to walk home on Wilmington Avenue toward 105th Street. Sanchez renewed his challenge to fight, took off his shirt, and "threw guard up. In response to Sanchez's challenge to fight, the victim again called Sanchez his "little homie" and told Sanchez that he was too young to fight the victim. talk to sober." Sanchez also asked the victim if he was trying to kiss him.
Sanchez told the victim he was drunk and to "come back tomorrow and. When the victim called Sanchez his "little homie," Sanchez denied being his "little homie." The victim then "got in face" again, so Sanchez pushed him and challenged him to fight. He he was big homie." Because Sanchez did not know the victim, he understood the "big homie" comment as a sign of disrespect. The victim, who smelled of beer, approached Sanchez, "banged on him, asked where he was from." When Sanchez said he was from "Grape," the victim responded that he too was from "Grape." The victim "tried to get all in face. He observed the victim drinking beer by his truck. As he came out of the store, Sanchez noticed Jorge Hernandez (the victim) arrive in a truck.
On the day of the shooting, Sanchez walked to A.J.'s liquor store. Sanchez, whose moniker was Drowsy, was a member of the Watts Varrio Grape Street gang (Grape Street) and was affiliated with the Little Gangsters and Tiny Winos cliques. In July 2009, sixteen-year old Kevin Sanchez lived in the area of 105th Street and Wilmington Avenue.
We therefore affirm the judgments of conviction. As for the punishment on both the murder count and the weapons enhancement, we hold that such punishment did not violate the multiple conviction rule and that double jeopardy rules do not apply to multiple punishment within a single case. We hold that there was sufficient evidence supporting the guilty verdicts on both counts against Arevalo, his claims of instructional error are either unfounded or have been forfeited, and his other contentions are without merit. In addition, Amaya, joined by Arevalo, contends that punishment on both the murder count and the weapons enhancement violated California's multiple conviction rule and federal double jeopardy principles. On appeal, Arevalo raises several challenges to his judgment of conviction, including claims of insufficient evidence, multiple instructional errors, ineffective assistance of counsel, cumulative error, and cruel and unusual punishment. INTRODUCTIONĪ jury found defendant and appellant Tomas Amaya (Amaya) guilty of first degree murder and defendant and appellant Aldo Arevalo (Arevalo) guilty of second degree murder and assault by means of force likely to produce great bodily injury. Madeo, Deputy Attorney General, for Plaintiff and Respondent. Matthews, Supervising Deputy Attorney General, David E. Winters, Senior Assistant Attorney General, Steven D. Gillette, Chief Assistant Attorney General, Lance E.
Sharon Fleming, under appointment by the Court of Appeal, for Defendant and Appellant Aldo Arevalo. Schulman, under appointment by the Court of Appeal, for Defendant and Appellant Tomas Amaya, Jr. TA10203)ĪPPEALS from judgments of the Superior Court of the County of Los Angeles, Paul A. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. MOSK NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b).
0 kommentar(er)
