P. v. Ruiz
A jury convicted defendant Jorge Padilla Ruiz of the first degree murders (Pen. Code, §§ 187, subd. (a), 189)[1] of Lonnie Taylor (count one) and Roosevelt Campbell (count two), and found that defendant intentionally and personally discharged a firearm causing great bodily injury during the commission of each count (§ 12022.53, subd. (d)). The jury also found true three special circumstances: (1) defendant committed multiple murders (§ 190.2, subd. (a)(3)); (2) he murdered the victims because of their race (§ 190.2, subd. (a)(16)); and (3) he perpetrated the murders by discharging a firearm from a motor vehicle with intent to inflict death (§ 190.2, subd. (a)(21)). Defendant was sentenced to state prison for an aggregate term of 50 years to life for the firearm enhancements plus two consecutive terms of life without the possibility of parole. No conduct credit was awarded.
On appeal, defendant contends (1) there was insufficient evidence to support the racial motivation special circumstance, and (2) the trial court erred by failing to conduct a Marsden hearing when defense counsel stated that defendant wanted a new lawyer to investigate a new trial motion. Court shall affirm the judgment.
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