P.

P. v. Nunez & Satele

Good Law
158 Cal. Rptr. 3d 585·2013 Cal. LEXIS 5478·57 Cal. 4th 1·2013 WL 3285203·302 P.3d 981
Supreme Court of CaliforniaJuly 1, 2013S091915California27,850 words

Opinion

Opinion

Kennard, J.

A jury convicted defendants Daniel Nunez and William Tupua Satele of the first degree murders of Renesha Ann Fuller and Edward Robinson. (Pen. Code, §§ 187, subd. (a), 189.) The jury also found true special circumstance allegations of multiple murder (§ 190.2, subd. (a)(3)), and sentence enhancement allegations that defendants committed the murders to benefit a criminal street gang and used firearms to commit them. (§§ 186.22, subd. (b)(1), 12022.53, subd. (d).) Special circumstance allegations that defendants intentionally killed the victims because of their race (§ 190.2, subd. (a)(16)) were found not true, as were enhancement allegations that defendants committed the murders in concert because of the victims’ race (§ 422.75, former subd. (c), now subd. (b)). At the penalty phase, the jury returned death verdicts, and the trial court entered judgments of death. This appeal is automatic. (Cal. Const., art. VI, § 11, subd. (a); Pen. Code, § 1239, subd. (b).) For the reasons that follow, we vacate the true findings for the street gang and firearm use enhancements, as well as one multiple-murder special-circumstance finding for each defendant, and otherwise affirm the…

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