People v. Nieblas

Opinion

WOOLPERT, Acting P. J.

—Defendant has been convicted of first degree murder and assault with a deadly weapon. He appeals with the single contention that he was denied his constitutional right to an interpreter. We agree and, therefore, reverse the judgment and return the case for a new trial.

Pertinent Facts

The substantive facts in this case are not at issue on this appeal and will be stated briefly. Defendant and the deceased, Manuel Ferrer, had fought

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in the past. Both agreed that should they meet again, one would die. On August 20, 1982, defendant and his two friends, Jesus Mendoza and Refugio Florez, spent the day together and eventually drove to Hanford to visit friends of the defendant. While visiting these friends, defendant apparently saw Ferrer walking by with Maurillo Camacho. Defendant and his companions then drove in defendant’s car to an alley where they confronted the two men. Defendant pulled out a rifle and opened fire. He killed Ferrer and wounded Camacho. Defendant was arrested and later told the police that he had done the shooting. At trial, he argued the shooting was in self-defense.

Defendant clearly needed an interpreter. The trial court appointed an interpreter to assist the defendant during trial. The court also determined that the interpreter could be borrowed from defendant to interpret for Spanish-speaking witnesses. While defense counsel noted a problem might arise if he and defendant needed to communicate, counsel also pointed out such a situation, in fact, should not be a problem because he and defendant had spent considerable time on the case. The matter was ultimately resolved when defense counsel agreed another interpreter would be procured if needed:

Defendant was not present at this discussion. Defense counsel had assured him that during the morning conference no decisions would be made affecting his rights.

Defendant’s interpreter was borrowed three times for the following prosecution witnesses: Pedro Ferrer, brother of the deceased; Camacho, the second victim; and Mendoza. Ferrer testified only to his brother’s age, height and weight. Camacho identified defendant as the shooter.