Adkins

People v. Adkins

Good Law
103 Cal. App. 4th 942·127 Cal. Rptr. 2d 236·2002 Cal. App. LEXIS 5001·2002 Daily Journal DAR 13099·2002 Cal. Daily Op. Serv. 11259
Court of Appeal of CaliforniaNovember 6, 2002No. D037784California3,858 words

Opinion

lead Opinion

Huffman, J.

A jury convicted Aldo Adkins of first degree murder (Pen. Code, 1 § 187, subd. (a)) and found true the allegation he personally used a deadly and dangerous weapon, a knife, in the commission of the offense (§ 12022, subd. (b)(1)). Adkins thereafter admitted he had previously served two prior prison terms within the meaning of section 667.5, subdivision (b). The trial court sentenced Adkins to prison for 25 years to life for the murder plus three consecutive years for the prison prior and weapon use enhancements.

Adkins appeals, claiming ineffective assistance of counsel. We affirm.

Factual Background

Although no one witnessed the murder of Minnerva Rummel-Cuellar (Minnie) 2 in April 1999, the initial investigation pointed to Adkins, who had stayed at her apartment shortly before her death, as the murderer. It was stipulated that his stepfather “[had] provided information to law enforcement that [Adkins] had gone to Mexico [and had] provided the address where [Adkins] was staying in Mexico. . . .” It was also stipulated that Adkins went to Mexico on April 4, 1999, and that “[o]ne week after the discovery of Minnie[‘s] body, the defendant’s attorney, Mr. [George]…

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