P. v. Perez
Filed 6/2/11 P. v. Perez CA2/8
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION EIGHT
| THE PEOPLE, Plaintiff and Respondent, v. ANTELMO CRUZ PEREZ, Defendant and Appellant. | B223276 (Los Angeles County Super. Ct. No. PA 062388) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Daniel B. Feldstern, Judge. Affirmed.
Mark David Greenberg, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Paul M. Roadarmel, Jr., and Baine P. Kerr, Deputy Attorneys General, for Plaintiff and Respondent.
* * * * * *
Appellant Antelmo Cruz Perez was charged with one count of murder in violation of Penal Code section 187, subdivision (a)[1] and with personal use of a knife within the meaning of section 12022, subdivision (b)(1). At trial, the jury found appellant guilty of first degree murder and personal use of a deadly and dangerous weapon. The court sentenced appellant to 26 years to life imprisonment. Appellant contends that the evidence was insufficient to support a verdict of first degree murder. He also contends that the trial court erred in denying his motion to suppress a custodial interrogation because he did not waive his Fifth Amendment right to counsel. We find no error and affirm.
FACTs
1. Prosecution Evidence
a. Victim's Roommate
The victim, Israel Ortiz, died on July 12, 2008. Appellant and Ortiz worked together at company called Armor Cast. In July 2008, Ortiz was sharing an apartment with a man named Oscar Suchite. Ortiz had been living with Suchite for roughly a month when the incident occurred on July 12, 2008. At approximately 6:30 a.m., Suchite was awakened by someone screaming â€
| Description | Appellant Antelmo Cruz Perez was charged with one count of murder in violation of Penal Code section 187, subdivision (a)[1] and with personal use of a knife within the meaning of section 12022, subdivision (b)(1). At trial, the jury found appellant guilty of first degree murder and personal use of a deadly and dangerous weapon. The court sentenced appellant to 26 years to life imprisonment. Appellant contends that the evidence was insufficient to support a verdict of first degree murder. He also contends that the trial court erred in denying his motion to suppress a custodial interrogation because he did not waive his Fifth Amendment right to counsel. We find no error and affirm. |
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