Covarrubias

People v. Covarrubias

Bad Law
1 Cal. 5th 838·2016 Cal. LEXIS 7278·207 Cal. Rptr. 3d 228·378 P.3d 615
Supreme Court of CaliforniaSeptember 8, 2016S075136California41,004 words

Opinion

Opinion

Cantil-Sakauye, J.

—A jury convicted defendant Daniel Sanchez Covarrubias of the first degree murders of Ramon Morales, Martha Morales, and Fernando Martinez (Pen. Code, § 187, subd. (a); counts 1 through 3), attempted murder of 11-month-old Alejandra Morales (§§ 187, 664; count 4), assault with a firearm of Alejandra Morales (§ 245, subd. (a)(2); count five), three counts of robbery (§ 212.5, subd. (a); counts 6 through 8), residential burglary (§ 459; count 9), and conspiracy to commit robbery and burglary (§ 182, subd. (a)(1); count 10). The jury further found true the special circumstance allegation of multiple murder (§ 190.2, subd. (a)(3)) and allegations that the murders were committed while defendant was engaged in the commission or attempted commission of the crimes of robbery and burglary (§ 190.2, subd. (a)(17)(A), (G)).

As to counts 1 through 9, the jury found that a principal was armed with a firearm, a .38-caliber handgun and a .30-30 rifle (former § 12022, subd. (a)(1)), and an assault weapon, an AR-15 semiautomatic assault rifle (former § 12022, subd. (a)(2)). The jury found not true the allegation that defendant was personally armed with a knife (former § 12022, subd. (b))…

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