Aguirre

People v. Aguirre

Bad Law
1991 Cal. App. LEXIS 94·227 Cal. App. 3d 373·277 Cal. Rptr. 771·91 Daily Journal DAR 1390·91 Cal. Daily Op. Serv. 969
Court of Appeal of CaliforniaJanuary 30, 1991G008418California3,625 words

Opinion

Opinion

Dickey, J.

Gustavo Molinares Aguirre pleaded guilty to 15 felony charges arising out of a nighttime assault on a young man and woman on the beach in Orange County in 1981. He was sentenced to 18 years in prison. On appeal he raises a single issue, contending that the grand jury indictment returned against him in 1985 could not toll the statute of limitations because the grand jury has no power to indict a minor. Finding Aguirre’s contention to be without merit, we affirm the judgment.

Facts

In the early morning hours on August 15, 1981, Robert B. and Evelyn H. traveled to Huntington State Beach expecting to meet friends for a campfire. Apparently the first to arrive, they spread a blanket on the sand and waited for their friends. A group of seven or eight young men approached, including Aguirre, who was sixteen years old at the time. One of the group stated to Robert, “When you get done with her, send her over our way.” Fearing trouble, Evelyn and Robert moved several yards down the beach.

A few minutes later the group of men attacked Robert, threatening him with a knife. He was knocked unconscious and dragged away by several of the men. Several other men blindfolded Evelyn with…

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