People v. Rincon CA5

BACKGROUND

Charges Rincon was indicted by grand jury for murder (Pen. Code,1 § 187). The indictment further alleged prior strike and prior serious felony enhancements (§§ 667, subds. (b)-(i) & 667, subd. (a)(1)). Trial Evidence The incident in this case was captured on a jail surveillance camera. The video depicts several inmates in a cell. About one minute into the video, Carrillo enters the sleeping quarters after which the victim emerges from atop a bunkbed and exits the room. Carrillo follows behind. Rincon is seated on a toilet near a table. The victim sits at a table directly in front of Rincon. Within seconds, Rincon attacks the victim from behind. Carrillo joins in and the attack lasts nearly 12 minutes. The victim “died several days later.” A forensic pathologist testified “blunt-impact head injuries” caused death. Those injuries included a broken nose, broken bones near the eyes, “lacerations and impacts to [the] face and … scalp,” and blood clogging “the airways into the back of [the] throat” resulting in “irreversible brain injury.” Verdict and Sentence Rincon was found guilty as charged and sentenced to serve 55 years to life in prison. The sentence included a…