P. v. Tamez
Defendants David Tamez, Ivan Gonzalez, and Ronald Bray were jointly tried and convicted for an attack upon three men that left one man dead and the others seriously injured. Defendants, wearing hooded sweaters and bandanas to conceal their faces, descended upon an apartment where they stabbed Salvador Figueroa to death, stabbed Jose Sanchez a dozen times, and battered Salvador Betancourt Ceja with a nunchaku that broke his nose. Defendants are serving indeterminate life terms in prison for murder, attempted murder, assault with a deadly weapon, burglary, and street gang participation. They separately raise numerous challenges on appeal. Court affirm the judgments in all respects but one. Court are compelled to strike a sentencing enhancement for personal infliction of great bodily injury because there is insufficient evidence to establish who, among the three defendants, applied direct force to Sanchez. (Pen. Code, 12022.7, subd. (a) (all further section references are to this code, except as noted).)
Comments on P. v. Tamez