People v. Munoz CA4/3

I.

FACTS AND PROCEDURAL BACKGROUND

Munoz and Martinez were fighting in an area similar to a flood control channel. At one point, Martinez was lying face up in the shallow water and was motionless. Munoz was on top of Martinez and repeatedly punched him. Munoz grabbed a large, one-and-a-half foot rock, raised it to his head, and threw it at Martinez’s head. Munoz then laughed loudly and pointed at Martinez. During the encounter, a witness called the police.

1 Undesignated statutory references are to the Penal Code.

2 Police Investigation When police arrived on the scene an officer saw Munoz standing over Martinez’s lifeless body. Martinez had sustained multiple lacerations to his forehead, eye area, nose, and upper lip. There was sand around his nose, mouth, and eyes. A later autopsy revealed that Martinez had sustained compound fractures to his forehead, a broken jaw, broken cheek bones, a fracture to the cartilage in his neck, and a fracture to his ribs. Martinez’s nose was almost completely removed. Brain matter could be seen coming out of Martinez’s skull. A coroner opined that based on the severity of Martinez’s injuries, they were caused by a heavy object rather than by…