P.

People v. MacIel

Bad Law
160 Cal. Rptr. 3d 305·2013 Cal. LEXIS 6648·57 Cal. 4th 482·304 P.3d 983
Supreme Court of CaliforniaAugust 8, 2013S070536California31,242 words

Opinion

Opinion

Liu, J.

Defendant Luis Maciel was convicted of the first degree murders of Anthony Moreno, Maria Moreno, Gustavo Aguirre, Laura Moreno, and Ambrose Padilla. (Pen. Code, §§ 187, subd. (a), 189; all further undesignated statutory references are to this code.) The jury also found true multiple-murder special-circumstance and weapon-use sentence-enhancement allegations. (§ 190.2, subd. (a)(3), former § 12022, subd. (a)(1).) The jury returned a death verdict, and the trial court entered a judgment of death. This appeal is automatic. (Cal. Const., art. VI, § 11, subd. (a); § 1239, subd. (b).) For the reasons that follow, we affirm the judgment.

I. Facts

A. Guilt Phase

1. Prosecution Case

a. Circumstances surrounding the murders

(1) Overview

On Saturday, April 22, 1995, between 10:00 and 10:30 p.m., three adults— Anthony “Dido” Moreno, his sister, Maria Moreno, and Gustavo “Tito” Aguirre—and two of Maria’s children—five-year-old Laura Moreno and six-month-old Ambrose Padilla—were shot to death in a house located at 3843 Maxson Road in El Monte, California. Richard “Primo” Valdez, a Sangra street gang member, shot and killed Anthony Moreno and Gustavo Aguirre, while his fellow…

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