P. v. Archibeque
Filed 10/12/10 P. v. Archibeque CA6
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH
APPELLATE DISTRICT
THE PEOPLE,
Plaintiff and
Respondent,
v.
RICHARD ARMAND ARCHIBEQUE,
Defendant and
Appellant.
H034073
(Santa Clara
County
Super. Ct.
No. CC652691)
Defendant
Richard Armand Archibeque was convicted after a 2009 jury trial of the first degree murder of Mary Quigley in
1977. (Pen. Code, § 187.)[1] The jury found not true a special
circumstance allegation that the murder was committed during the commission or attempted commission of a rape. (§ 190.2, subd. (c)(3)(iii).) The trial court sentenced defendant to prison
for seven years to life, granted him presentence custody credits of 822 days,
and ordered him to pay a criminal
conviction assessment of $30 pursuant to Government Code section 70373.
On appeal,
defendant contends that (1) there is insufficient evidence to support his
conviction, (2) the court prejudicially erred in admitting evidence of his
conviction for a rape that occurred in 1979, (3) he is entitled to presentence
conduct credits, and (4) the Government Code section 70373 assessment must be
stricken. As we disagree with
defendant's contentions, we will affirm the judgment.
BACKGROUND
Defendant
was charged by information filed February
29, 2008, with the September 1977 murder of Mary Quigley. (§ 187.)
The information further alleged that the murder was committed during the
commission or attempted commission of a rape.
(§ 190.2, subd. (c)(3)(iii).)
Defendant moved in limine to exclude under Evidence Code section 1108
and 352 evidence of his conviction for a rape that occurred in July 1979. The People opposed the motion. The trial court ruled that it would allow the
victim of the July 1979 rape to testify.
Trial Evidence
Mary Quigley's Death
In 1977, defendant and Mary
Quigley were students at Santa Clara High
School.
The school was adjacent to a large athletic field and ball park. Defendant was not someone that Quigley and
her friends â€
| Description | Defendant Richard Armand Archibeque was convicted after a 2009 jury trial of the first degree murder of Mary Quigley in 1977. (Pen. Code, § 187.)[1] The jury found not true a special circumstance allegation that the murder was committed during the commission or attempted commission of a rape. (§ 190.2, subd. (c)(3)(iii).) The trial court sentenced defendant to prison for seven years to life, granted him presentence custody credits of 822 days, and ordered him to pay a criminal conviction assessment of $30 pursuant to Government Code section 70373. On appeal, defendant contends that (1) there is insufficient evidence to support his conviction, (2) the court prejudicially erred in admitting evidence of his conviction for a rape that occurred in 1979, (3) he is entitled to presentence conduct credits, and (4) the Government Code section 70373 assessment must be stricken. As Court disagree with defendant's contentions, Court will affirm the judgment. |
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