The appellate court presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. (People v. Kraft (2000) 23 Cal.4th 978, 1053, 99 Cal.Rptr.2d 1, 5 P.3d 68.) Defendant later asked the court to question the jurors regarding the effect of the juror's death, but the court was asked to rule on this request more than two weeks after the jury had resumed deliberations. He jumped from the bed and chased defendant, who fired at least two more shots and then fled through a sliding glass door that had been left unlocked. A window in the bedroom was open and the bedroom had been ransacked. She did not lose consciousness, but lay still. Oakhill Correctional Institution - PrisonPro The trial court did not err and was not required to review the terms and conditions of the retainer agreement. On November 15, 1989, the court modified the sentence nunc pro tunc to add: The sentences on the noncapital counts are ordered to be consecutive to, and to be served subsequent to, and only upon completion of, the death sentences enumerated above. 2428, 153 L.Ed.2d 556, or Blakely v. Washington (2004) 542 U.S. 296, 124 S.Ct. Fox says life with Parkinson's is 'getting harder': "I'm not gonna be 80', Tom Hanks and Rita Wilson celebrate 35 years of marriage with cake, Chris Pratt talks Marvel audition fails: 'I was never gonna audition for Marvel again'. We assume that the jury followed the court's instructions (People v. Davis (2005) 36 Cal.4th 510, 545, 31 Cal.Rptr.3d 96, 115 P.3d 417), and the record does not contain any indication to the contrary. The trial judge then engaged the prospective juror in the following colloquy: The Court: If you as [a] juror found a defendant guilty of first degree murder and you also found a special circumstance to be true beyond a reasonable doubt, would that put you in a position where in every case would you always vote for the death penalty? ), As noted above, In reviewing a challenge to the sufficiency of the evidence , we review the entire record in the light most favorable to the judgment to determine whether it discloses substantial evidence-that is, evidence that is reasonable, credible, and of solid value-from which a reasonable trier of fact could have found the defendant guilty beyond a reasonable doubt. (People v. Cole, supra, 33 Cal.4th 1158, 1212, 17 Cal.Rptr.3d 532, 95 P.3d 811.) Defendant admits, however, that [c]ounsel's failure to present mitigating evidence on appellant's behalf was not explained on the record. Defendant offers no support for his assertion that the likely cause of his attorneys' decision not to present further evidence at the penalty phase was a conflict of interest caused by his family, and we decline to speculate. Defendant introduced evidence that participation in Neighborhood Watch programs probably doubled while the murders were occurring. Accordingly, Dr. A police officer who responded to the scene where Tsai-Lian Yu was murdered testified that witness Jorge Gallegos told him that he never saw the assailant fight with the victim, did not hear gunshots, and would not be able to identify the assailant. Defendant ordered her to get up and don't make any noise. He took her into the bedroom of her 12-year-old son, woke him up, and handcuffed her to her son. Upon investigation, they found a man named Richard Mena had been in and had gotten X-rays done, which showed he had an infected tooth so he would be back. WebVincent Zazzara was born on 8 October 1920. IMDbPro Starmeter See rank. The foreperson replied, I feel that we can probably continue today, adding that [e]veryone appears to have put it behind them. The court stated that it was reasonably satisfied that the jurors are able to proceed with their deliberations and that upon further admonishment I propose that that is exactly what we do. Defendant objected. Rose Hills Memorial Park. ), Even without the court having held a hearing on this issue, it appears that the trial court did not abuse its discretion in ordering that defendant be physically restrained during trial. ] (People v. Lewis, supra, 25 Cal.4th 610, 676, 106 Cal.Rptr.2d 629, 22 P.3d 392; People v. Blair (2005) 36 Cal.4th 686, 737, 31 Cal.Rptr.3d 485, 115 P.3d 1145.) United States Court of Appeals, Ninth Circuit. L[.] ), The court sustained the People's objection to numerous exhibits on grounds of lack of foundation and unintelligibility and lack of authentication, adding: But again, Gentlemen, I do have knowledge and I will accept the principle that all of the-virtually all of the local news media, including the small outlet media, local newspapers, ethnic-oriented publications, various language publications, have covered this case, if that is the point you are trying to make. Again I'm not trying to jump in and tell you guys how to run your ship. WebVincent and Maxine Zazzara Richard invaded the Zazzara home. Arturo Hernandez: We realize that, your honor, and we are willing to undertake that risk. Can you imagine the people caught me, not the police. Defendant laughed and then added: You think I'm crazy, but you don't know Satan. He hummed the song Night Prowler by the rock group AC/DC. ] (People v. Stanley (1995) 10 Cal.4th 764, 793, 42 Cal.Rptr.2d 543, 897 P.2d 481.). Dr. Nancy Minter, a demographics expert employed by the County of Los Angeles, testified for the prosecution and disagreed that the population of persons eligible for jury service had increased by 1987, pointing out that the growth in the Hispanic population during this period consisted primarily of noncitizens who were ineligible for jury service. Maxine As we stated before, we have no knowledge of any potential conflicts; but if there are any, we will notify whatever court this case is before. The Court: All right. From his questions I at this point do not have any question regarding his ability. Prospective Juror Robert D[. There was no gross unfairness and defendant was not deprived of a fair trial. On June 7, 1988, during a readiness conference, Raymond Arce testified that a new master list had been compiled to be used in the upcoming 1988-1989 fiscal year and that duplicate names on the registrar of voters list and the DMV list were determined by comparing both the name and the date of birth, which resulted in a master list that was ten percentage points higher in the Hispanic representation. The percentage of Hispanics on the new master list was 28.4 percent. [Citations.] That person was apprehended and questioned, but then released. Just prior to the lineup, Crawford saw a police officer who was conversing with some children raise his index and middle fingers. The Court: All right. Only one person (0.3 percent) believed defendant was not responsible for the murders. We have our standard retainer agreement that we have used in many, many different felony cases, including murder cases. ), The Sixth Amendment to the United States Constitution guarantees that In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed The California Constitution declares that Trial by jury is an inviolate right and shall be secured to all (Cal. 5, 273 Cal.Rptr. 692, 809 P.2d 351. Garden of She was previously married to Vincent Zazzara. Further, the jury commissioner adopted a suggestion by defendant that significantly increased the representation of Hispanics on this new master list. We have further determined that refusal to so instruct does not contravene any constitutional requirement. [Citations. A person cannot be tried or adjudged to punishment while that person is mentally incompetent. Const., art. Ramirez was accused of entering a home in Orange County and slaying someone there.I have not learned anything about this case. Police found shoe prints from an Avia athletic shoe on the front porch, the rear porch, and inside the house. L[.] Defense counsel's request for a psychiatric evaluation of defendant, standing alone, does not require the court to appoint such an expert or conduct a competency hearing. A little over a week later, Ramirez murdered 64-year-old Vincent Zazzara and his 44-year-old wife, Maxine. Defendant argued in his opening brief that the trial court erred in denying his motion for sequestered voir dire of the jury. Our attention, therefore, focuses on the two remaining factors-the nature and extent of the media coverage and the size of the community., The trial court described the media coverage of the murders and defendant's arrest as saturation, as much as they possibly can give, but noted that such coverage was not unprecedented in Los Angeles County. The record reflects that the experienced trial judge was well aware of his duty to weigh the prejudicial effect of the photographs against their probative value, and carefully did so. Catherine is related to Julie Odonnell Wright and Gloria L Wright as well as 2 additional people. As noted above (ante, 46 Cal.Rptr.3d at pp. In People v. Bell (1989) 49 Cal.3d 502, 262 Cal.Rptr. As defendant recognizes, we repeatedly have rejected this claim. (People v. Saunders, supra, 5 Cal.4th 580, 589, 590, 20 Cal.Rptr.2d 638, 853 P.2d 1093.) 339, 651 P.2d 1145.) Contrary to defendant's assertion, the trial court in the present case did not find that Daniel Hernandez and Arturo Hernandez were unqualified to be retained as counsel by defendant. In any event, it is not required that all of the evidence be cross-admissible: Cross-admissibility of evidence is sufficient but not necessary to deny severance. A similar list is drawn from the records of the Department of Motor Vehicles (DMV). On October 9, 1985, Municipal Court Judge Elva Soper removed the public defender as counsel subject to defendant providing a written agreement retaining attorney Joseph Gallegos. Defendant correctly observes that we repeatedly have rejected this contention. He moved to discharge his attorney and obtain appointed counsel. 618, 545 P.2d 1322, fn. A tube of lipstick was found on the floor. Defendant contends that trial counsel withdrew the requested instruction only in response to the court's request, adding that trial counsel obeyed the court and withdrew the instruction. But the court did not order trial counsel to withdraw the request, it merely asked him to do so after explaining why the court concluded the proposed instruction was improper. Atty., Los Angeles, Cal., argued, for plaintiff-appellee. He used a wide variety of weapons and would leave behind satanic symbols. 1417.). Case Of The Night Stalker Quiz It also has been brought to the court's attention that there is presently pending in Superior Court of Santa Clara County a hearing set for November 12 in the case of People versus Pinon where the district attorney's office has asked the court for-has asked for monetary sanctions against Mr. Daniel Hernandez for his failure to appear at the hearing in the Pinon case. at p. 527, 262 Cal.Rptr. how old is toby perlman; tas police accident report; what happens if a player gets injured fanduel The new list was already being used to send out juror questionnaires and jurors from the new list would begin appearing in court in mid-July. The Defendant: I have had 11 years of high school [sic ] and one year of technical in electrical trades, and I have a psychologist in Los Angeles who has qualified me sane. Accordingly, either counsel may argue any such age-related inference in every case. (Ibid.). With respect to that, there is no evidence upon which I might conclude so far that the defendant is in any way unable to understand and participate in the proceedings., Ten months later, on February 26, 1987, just prior to the weekend recess during a hearing on pretrial motions, the superior court judge sought time estimates from counsel regarding proceedings the following week and asked defense counsel: Are there any motions that you are considering as to other aspects of this case that should be filed or you are considering filing?
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