P. v. Anguiano
Appellant/defendant Jesus Nabarette Anguiano stabbed Benny Gallegos in the back of the head and neck while Gallegos was at a bar and dancing with defendant’s former girlfriend. Gallegos survived the assault. The bar’s security cameras depicted defendant’s conduct immediately before and during the stabbing. At trial, a prosecution expert testified that defendant committed the offense for the benefit of the Norteno gang because he was an active member of the gang, defendant was at the bar with other members of the Norteno gang, Gallegos was a member of a Sureno gang, and the bar’s security videotape depicted defendant and other Nortenos watching Gallegos just before the stabbing.
Defendant testified and admitted that he stabbed Gallegos, but claimed he did not intend to kill him, he was not a member of the Norteno gang, and he did not commit the offense to benefit a gang. Defendant testified that he attacked Gallegos because he was angry that Gallegos was dancing with defendant’s former girlfriend.
After a lengthy jury trial, defendant was convicted of attempted premeditated murder (Pen. Code,[1] §§ 664/187, subd. (a)), with special allegations that he personally used a deadly or dangerous weapon in the commission of the offense (§ 12022, subd. (b)(1)); he inflicted great bodily injury on the victim (§ 12022.7, subd. (a)); and he committed the offense for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)). Defendant admitted he suffered prior prison terms. He was sentenced to life with the possibility of parole, with the minimum parole eligibility date set at 15 years pursuant to section 186.22, subdivision (b). The court also imposed consecutive terms of three years for the great bodily injury enhancement, one year for the dangerous weapon enhancement, and one year for the prior prison term enhancement.
Comments on P. v. Anguiano