California v. Cortez

Defendant-appellant, Anthony Esparza Cortez, Jr., a convicted felon, and his friend, Michael Saavedra, conspired to commit murder against Rene Perez, and his son-in-law, Alvino Barrera. While defendant drove, Saavedra fired a gun at Perez and Barrera in another car. Defendant and Saavedra then drove to the home of Guadalupe Valle, Perez’s relative by marriage. Armed with a rifle and a handgun, defendant and Saavedra fired more than 30 bullets into the house, which was occupied by 10 people. Defendant admitted having possession of the rifle used in the shooting, and of an assault rifle which is banned in California, as well as several rounds of ammunition. A jury convicted defendant of five charges: conspiracy to commit murder; being a felon in possession of a firearm; possessing firearms ammunition while prohibited from possessing a firearm; assault with a firearm; and possessing an assault weapon. The court sentenced defendant to an aggregate, determinate term of 29 years four months, followed by an indeterminate term of 25 years to life. On appeal, defendant claimed: (1) the trial court erred in not instructing the jury sua sponte on conspiracy to commit assault with a firearm and conspiracy to shoot at an inhabited dwelling as lesser included offenses of conspiracy to commit murder as charged; (2) the trial court erred in denying his requested self-defense instruction; (3) substantial evidence did not support the jury’s finding that defendant personally and intentionally discharged a firearm in the commission of conspiracy to commit murder; and (4) four sentencing errord, which the State conceded. The Court of Appeal remanded this matter to the trial court for the purpose of permitting the trial court to exercise its discretion as to whether to strike defendant’s firearm enhancement, and to make the other corrections to defendant’s sentence. In all other regards, the Court affirmed the judgment. View "California v. Cortez" on Justia Law