Bustos

People v. Bustos

Good Law
1994 Cal. App. LEXIS 305·23 Cal. App. 4th 1747·29 Cal. Rptr. 2d 112·94 Daily Journal DAR 4673·94 Cal. Daily Op. Serv. 2485
Court of Appeal of CaliforniaApril 7, 1994B072303California4,944 words

Opinion

Opinion

Vogel, J.

Introduction

On May 28, 1991, appellants Guillermo Bustos and Michael Loretto robbed and murdered Jacqueline Kirkham in a women’s restroom on Zuma Beach in Malibu. Appellants were under age 18 at the time, but were tried as adults. Appellants waived jury trial and, in light of confessions by each implicating the other, were tried separately by the court.

As to Bustos, who personally stabbed the victim to death, the court found him guilty as charged of (1) first degree murder and of the special circumstances that the murder was committed while lying in wait (Pen. Code, § 190.2, subd. (a)(15)) and in the commission of robbery (§ 190.2, subd. (a)(17)(i)), (2) robbery, and (3) as to both offenses, personally using a deadly weapon (§ 12022, subd. (b)) and personally inflicting great bodily injury (§ 1203.075). The court sentenced Bustos to state prison for life without the possibility of parole (§ 190.5, subd. (b)), plus one year (§ 12022).

As to Loretto, the court found him guilty of (1) first degree murder with the special circumstance that the murder was in the commission of robbery (§ 190.2, subd. (a)(17)(i)), (2) robbery, and (3) as to both offenses, personally…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.