Dominguez

People v. Dominguez

Good Law
121 Cal. App. 3d 481·175 Cal. Rptr. 445·1981 Cal. App. LEXIS 1952
Court of Appeal of CaliforniaJune 12, 1981Crim. 4257California9,120 words

Opinion

Opinion

Zenovich, J.

Sammy Simenthal Dominguez and Anthony Castro were charged with having committed murder (Pen. Code, § 187) and an assault with a deadly weapon (Pen. Code, § 245, subd. (a)). In addition, it was alleged that Dominguez personally used a firearm within the meaning of Penal Code section 12022.5. It was further alleged that, in the commission of the murder, a principal was armed with a handgun (Pen. Code, § 12022, subd. (a)). With regard to the assault count, the information alleged that both defendants were armed with a handgun during the commission of the offense (Pen. Code, § 12022, subd. (a)).

Following a 22-day trial, the jury returned guilty verdicts and found the allegations alleged in the information to be true as to both defendants. Dominguez was sentenced to state prison for a life term on the murder count and a two-year concurrent enhancement was imposed pursuant to Penal Code section 12022.5. Imposition of sentence on the assault count was stayed pending completion of the term for the murder count. Following completion of a court-ordered diagnostic report by the California Youth Authority, Castro was sentenced to a life term on the murder count and a one-year…

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