Galvan

People v. Galvan

Good Law
168 Cal. App. 4th 846·2008 Cal. App. LEXIS 2351·85 Cal. Rptr. 3d 776
Court of Appeal of CaliforniaNovember 25, 2008E042254California3,551 words

Opinion

Opinion

Hollenhorst, J.

Following a jury trial, defendants Jesus Alberto Galvan (defendant Galvan) and Jose Roberto Zaiza (defendant Zaiza) were convicted of attempted murder (Pen. Code, §§ 187, subd. (a), 664), torture (§ 206), burglary (§ 459), and active participation in a criminal street gang (§ 186.22, subd. (a)). The jury also found that defendants personally caused great bodily injury (§ 12022.7, subd. (b)). The trial court found that defendant Zaiza had a prior strike conviction within the meaning of section 667. The trial court sentenced defendant Galvan to a term of life with the possibility of parole (minimum serving period of 15 years), plus a consecutive term of five years. It sentenced defendant Zaiza to a term of life with the possibility of parole (minimum serving period of 30 years), plus a consecutive term of five years.

Both defendants appeal.

I. PROCEDURAL BACKGROUND AND FACTS

A. The Prosecution’s Case

Mukesh Patel (Mukesh) operated the Brazil Market, a mini-mart, on Chandler Street in Corona. The incident in question occurred at the mini-mart. He was working with two other employees, Meena Patel (Meena) and Victor Ladino (Ladino). Aurelio Lobato (Lobato) was working at…

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