Alfaro

People v. Alfaro

Caution
2007 Cal. LEXIS 8215·41 Cal. 4th 1277·63 Cal. Rptr. 3d 433·163 P.3d 118
Supreme Court of CaliforniaAugust 6, 2007S027730California25,326 words

Opinion

Opinion

George, J.

A jury convicted defendant Maria Del Rosio Alfaro of the first degree murder of Autumn Wallace (Pen. Code, § 187) (count I), first degree residential burglary (§§ 459, 460.1) (count II), and first degree residential robbery (§§ 211, 212.5, subd. (a)) (count III). The jury also found true the special circumstance allegations of robbery murder and burglary murder (§ 190.2, former subd. (a)(17)(i), (vii)) and the allegation that defendant personally used a deadly weapon (a knife) in the commission of the murder.

The first penalty phase trial ended in a mistrial. After a retrial as to penalty, a jury returned a verdict of death. The trial court denied the automatic motion to modify the penalty (§ 190.4, subd. (e)), stayed imposition of sentence on counts II and III, and imposed a sentence of death. Defendant’s appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment in its entirety.

I. Statement of Facts

A. Introduction

A jury found that defendant murdered nine-year-old Autumn Wallace on June 15, 1990, in the course of committing a burglary and a robbery at the Wallace home. Autumn’s body was discovered in the bathroom of the home, stabbed more than 50 times.…

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.