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People v. Marquez3/19/2003
PROCEDURAL HISTORY
An information was filed April 12, 2001, charging Gustavo Marquez (Gustavo) with one count of attempted murder (Penal Code, §§ 664/187) and one count of assault with a deadly weapon (§ 245, subd. (a)). Enhancement allegations included the use of a deadly weapon on the attempted murder charge (§ 12022, subd. (b)(1)) and the infliction of great bodily injury on both charges (§ 12022.7, subd. (a)). The information further charged Cesar Marquez (Cesar) with being an accessory after the fact (§ 32) and alleged he had a prior strike conviction (§§ 667, 1170.12) and had served a prior prison term (§ 667.5, subd. (b)). Gang enhancements were also alleged regarding all charges pursuant to section 186.22, subd. (b)(1).
Appellants pled not guilty to all counts and denied all enhancement allegations. On July 2, 2001, a jury found Gustavo guilty of assault with a deadly weapon and that the infliction of great bodily injury allegations were true. Gustavo was acquitted of the attempted murder charge, and the gang enhancement allegation was found not to be true. Cesar was found guilty of being an accessory after the fact. The gang allegation as to Cesar was stricken earlier by the court following a section 1118.1 motion. In a bifurcated proceeding, the court found the strike allegation and the prior-prison-term allegation to be true.
Cesar was sentenced to four years in prison. Gustavo received seven years in prison.
FACTUAL HISTORY
Appellants attended a Halloween party at the home of Carlos Rios and Monica DeLaCueva on the night of October 21, 2000, which lasted into the early morning hours. About 50 people were in attendance.
Juan Barriga and his wife Lisa, neighbors of Rios and DeLaCueva, were the disc jockeys at the party. Juan returned home around midnight to get some sleep. Lisa stayed and continued to play music. Toward the end of the evening, several fights broke out. DeLaCueva told Lisa to turn off the music. Lisa yelled into the microphone, telling people to stop fighting and that the police were coming. The fights turned into a brawl, which ended up in the front yard of the house.
Juan was awakened next door when he heard a lot of commotion and Lisa yelling that the police were coming. He returned to the party to find out what was happening. Juan recalled going to the front of the house and then woke up in the hospital with a head injury. He sustained a depressed skull fracture which extended into the bone around the eye. At trial, Juan claimed he was not fighting with anyone.
Cesar was involved in one of the fights where he was knocked to the ground, kicked, and punched. He then got up and went to his truck. Gustavo stated he did not like it when people hit his brother. Although he did not actually see who hit his brother, Gustavo struck Juan in the head with a crowbar. Immediately after Juan was struck and fell, appellants got into their truck and sped away.
Sheriff's deputies were dispatched to the party. The officers received another call regarding two vehicles leaving the scene. While en route, a deputy observed these vehicles driving at a high rate of speed and failing to stop at a stop sign. The deputy initiated a traffic stop of one of the vehicles. Cesar was driving and Gustavo was the passenger.
Officers observed red spots consistent with blood on the door panels, steering wheel and carpet, and a tire jack in the storage area of the truck. The cover of the tire jack was off to the side and the tire iron was laying nearby. Officers found a sweatshirt with red smears on it in the back of the truck. Cesar had several scratches and red areas on his bo
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