Benavides
People v. Benavides
Opinion
Opinion
Brown, J.
A jury found defendant Vicente Figueroa Benavides guilty of the murder of Consuelo Verdugo (Pen. Code, § 187), finding that he committed the murder under the special circumstances of felony-murder rape, felony-murder sodomy, and felony-murder lewd conduct (§ 190.2, subd. (a)(17)(C), (D), (E)). The jury also found defendant guilty of rape, sodomy, and lewd conduct (§§ 261, former subd. (2), 286, former subd. (c), 288, subd. (a)) against Consuelo, and that he inflicted great bodily injury in the commission of the sodomy and lewd conduct (§ 12022.8). At the penalty phase the jury fixed the punishment for the murder at death. The trial court rendered judgment accordingly. This appeal is automatic. (§ 1239, subd. (b).)
We affirm the judgment in its entirety.
I. Facts
A. Guilt Phase Evidence
1. The People’s Case
The prosecution presented evidence showing that defendant raped, sodomized, and fatally injured 21-month-old Consuelo Verdugo while babysitting her.
On November 17, 1991, at 7:30 p.m., Consuelo’s mother, Estella Medina, brought her into the emergency room at the Delano Medical Center (DMC) and reported that Consuelo was hit by or had run into a door and injured…