People v. Fuentes CA1/5

Good Law
Court of Appeal of CaliforniaJanuary 17, 2025A166990California2,447 words

Opinion

Opinion

Filed 1/17/25 P. v. Fuentes CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent, A166990 v. CHRISTIAN FUENTES, (San Mateo County Defendant and Appellant. Super. Ct. No. 17-SF-013004-A)

A jury found Christian Fuentes guilty of first degree murder and true special circumstance of lying in wait. Fuentes argues insufficient evidence supported one element of the lying-in-wait special circumstance—the requirement that there be a substantial period of watching and waiting for an opportune time to act. We disagree and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

I. The Shooting

Around July 4, 2011, Fuentes’s friend Jamie…

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