Castro

Motivated simply by a desire to “fuck with” some people, defendant Joseph Agüero Castro, Jr., and his accomplice Raul Andrade engaged in a crime spree in the early morning hours of April 15, 1991, brutally raping and then murdering a woman with a knife, and viciously assaulting an elderly man with an ax before robbing him.

A jury convicted defendant of first degree murder of the woman (Pen. Code, § 187; count I), forcible rape (§ 261, subd. (a)(2); count II), and rape in concert (§ 264.1; count III). The jury found the murder occurred during commission of oral copulation and rape (§ 190.2, subd. (a)(17)) and defendant used a knife in committing the murder and rape (§ 12022.3). Defendant was convicted of attempted murder of the elderly man (§§ 187, 664; count IV), robbery (§211; count V), and assault with a deadly weapon (§245, subd. (a)(1); count VI). The jury found that the victim was a person over the age of 60 (§ 1203.09).

Defendant was sentenced to an indeterminate life term for the attempted murder, followed by a consecutive term of life without the possibility of parole for the first degree murder. A concurrent term of three years was imposed for the robbery.…