P. v. Enriquez
Filed 10/13/10 P. v. Enriquez CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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opinion has not been certified for publication or ordered published for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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff
and Respondent,
v.
ERICK MARTINEZ
ENRIQUEZ,
Defendant
and Appellant.
E049129
(Super.Ct.No.
RIF120947)
O P I N I
O N
APPEAL from the Superior
Court of Riverside
County. Michele D.
Levine, Judge. Affirmed with directions.
J. Courtney Shevelson, under
appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney
General, Gary W. Schons, Assistant Attorney General, and Lilia E. Garcia, Lynne
McGinnis, and Felicity Senoski, Deputy Attorneys General, for Plaintiff and
Respondent.
I. INTRODUCTION
A jury found defendant Erick
Martinez Enriquez guilty of the first
degree murder of Juan Carlos Seoane.
(Pen. Code, §§ 187, 189.)[1] The prosecution presented evidence that
defendant's cohort, Ramon Cebreros, Jr., shot and killed Seoane, and that the
murder was committed during the course of any one of three crimes directly
perpetrated by defendant, namely, a robbery, an attempted robbery, or a residential burglary. The jury also found true a special
circumstance allegation that the murder was committed during a residential
burglary (§ 190.2, subd. (a)(17)(G)) and that a principal, Cebreros, was
armed with a firearm in the commission of the murder (§ 12022, subd.
(a)(1)). Cebreros was tried separately.
Defendant was sentenced to life in prison without the possibility of parole
plus one year for the firearm enhancement, and appeals.
Defendant claims insufficient evidence supports his felony-murder
conviction. Specifically, he argues
there is no evidence he intended to commit either theft or robbery when he and
Cebreros entered Seoane's home. Instead,
he claims the evidence showed only that he intended to convince Seoane to
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| Description | A jury found defendant Erick Martinez Enriquez guilty of the first degree murder of Juan Carlos Seoane. (Pen. Code, §§ 187, 189.)[1] The prosecution presented evidence that defendant's cohort, Ramon Cebreros, Jr., shot and killed Seoane, and that the murder was committed during the course of any one of three crimes directly perpetrated by defendant, namely, a robbery, an attempted robbery, or a residential burglary. The jury also found true a special circumstance allegation that the murder was committed during a residential burglary (§ 190.2, subd. (a)(17)(G)) and that a principal, Cebreros, was armed with a firearm in the commission of the murder (§ 12022, subd. (a)(1)). Cebreros was tried separately. Defendant was sentenced to life in prison without the possibility of parole plus one year for the firearm enhancement, and appeals. Defendant claims insufficient evidence supports his felony-murder conviction. Specifically, he argues there is no evidence he intended to commit either theft or robbery when he and Cebreros entered Seoane's home. Instead, he claims the evidence showed only that he intended to convince Seoane to †|
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