People v. Marin CA2/3

BACKGROUND

The following facts are taken from our opinion affirming Marin’s conviction in People v. Marin (Feb. 5, 1996, B086974) [nonpub. opn.]. On November 30, 1992, 87-year-old Guillermo Villa was found dead lying in a pool of blood in his home. He suffered a fractured larynx due to manual strangulation, blunt force trauma to both eyes, a broken cheekbone, eight broken ribs on his right side, three broken ribs on his left side, hemorrhaging under his scalp on both sides of his head, five or six puncture wounds to the forehead and defensive wounds to his left hand, wrist, knuckles and fingers. Some of Villa’s teeth had been knocked out. A criminalist found a belt around Villa’s neck. The coroner determined that Villa died of multiple traumatic injuries as well as a fractured larynx that indicated manual strangulation. Villa’s body was discovered by his brother-in-law Antonio Garcia. Villa’s home abutted Garcia’s and he looked after Villa on a daily basis. Garcia’s son, William and Marin’s mother lived with Garcia. On November 29, 1992, Garcia took Villa to the

1 All further statutory references are to the Penal Code.

2 market. Marin was supposed to be attending a drug…