P. v. Nevarez CA2/6

Filed 3/18/13 P. v. Nevarez CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B234857 (Super. Ct. No. TA063973) Plaintiff and Respondent, (Los Angeles County)

v.

EDWARD G. NEVAREZ,

Defendant and Appellant.

Edward G. Nevarez appeals the judgment entered after a jury convicted him on two counts of first degree murder (Pen. Code,1 §§ 187, subd. (a), 189) and one count of robbery (§ 211). The jury also found true allegations that the crimes were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)), and that the murders were committed while appellant was engaged in the commission of a robbery (§ 190.2, subd. (a)(17)). The trial court sentenced him on the murder counts to two consecutive terms of life without the possibility of parole. Sentencing on the robbery was stayed under section 654. Appellant contends the evidence is insufficient to support his murder convictions and the robbery special-circumstance allegations. We affirm.

1 All further statutory references are to the Penal Code.

FACTUAL AND PROCEDURAL SUMMARY Late at night on February 17, 2001, Enrique Hernandez and victims Anthony Esquer and Reynaldo Aguilar were drinking beer in Aguilar's parked SUV when appellant walked by with Andres Santana. Hernandez knew appellant and Santana as "Eric" and "Blanco," the monikers they used as members of the Lynwood Dukes gang. Hernandez had no trouble recognizing appellant because he had known him for 10 years. When Hernandez left the SUV to buy more beer, appellant and Santana approached him and asked if he had any money. Hernandez replied that he had $10, and appellant took the money from him. Hernandez followed appellant and Santana as they walked back toward the SUV. When Hernandez reached the SUV, the driver's side door was open and appellant and Santana were demanding money from Aguilar. The men started beating Aguilar, and Hernandez told them to leave him alone. As Aguilar was being beaten, Hernandez heard continued demands for money. Hernandez ran away after he saw a third man hiding behind the SUV holding an object in his hand. Hernandez looked back and saw that the third man had moved from the rear of the SUV to join appellant and Santana. Hernandez ran to a telephone booth and called 911. When the police arrived, Aguilar and Esquer were both found lying on the ground covered in blood. Aguilar's wallet, ATM card, and wedding ring were missing. Lynwood Dukes gang graffiti was spray-painted on the ground near Esquer's body and on a vehicle parked near the SUV. Aguilar was pronounced dead at the scene. Esquer was transported to the hospital and was pronounced dead shortly thereafter. Autopsies later determined that both men had died from multiple blunt force head injuries inflicted with a hammer or a similar weapon. Aguilar suffered a total of 12 separate injuries to his head. Five of the injuries were skull fractures, each of which was independently life threatening. Esquer also had injuries to his clavicle area and lower legs that were consistent with having been repeatedly kicked or punched with a closed fist. After making the 911 call, Hernandez returned to the scene and immediately identified appellant and Santana as the perpetrators. When Hernandez was