P. v. Dominguez
After hearing his brother had been “jumped,†defendant, a Sureño gang member, joined his two older brothers and friends in a fight against three men wearing red. One was victim Samuel Sanchez. As the fight ended, Sanchez was mercilessly hit, kicked, stomped, and finally stabbed to death, while huddled on the ground in the fetal position.
Defendant was arrested two months later, after a traffic stop where a gun was found in the car. He was subsequently charged with Sanchez’s murder, as well as enhancements for gang benefit and personal use of a knife.
The jury convicted defendant of first degree murder, but deadlocked on the enhancements. The same jury also convicted defendant of carrying a loaded firearm in a vehicle (Pen. Code, § 12031, subd. (a)) based on the traffic stop two months after the murder.
Sentenced to 25 years to life in prison, defendant appeals. He contends the trial court erred in failing to instruct sua sponte on defense of another as an affirmative defense to assault or battery. He further contends the trial court erred in admitting evidence of his arrest for possession of a loaded gun after he agreed to plead guilty to the charge. He asserts the evidence was unduly prejudicial.
As we will explain, we find no error and shall affirm.
Comments on P. v. Dominguez