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The People v. Hector Martin Perez

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA


December 29, 2010

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
HECTOR MARTIN PEREZ, DEFENDANT AND APPELLANT.

Super. Ct. No. SCN244895 APPEAL from a judgment of the Superior Court of San Diego County, Timothy M. Casserly, Judge. Affirmed.

The opinion of the court was delivered by: O'rourke, J.

P. v. Perez CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

A jury found Hector Martin Perez guilty of second degree murder (Pen. Code, §§ 187, 189) with personal knife use (Pen. Code, § 12022, subd. (b)(1)). The court sentenced him to prison for 16 years to life: 15 years to life for second degree murder plus one year for knife use. Perez appeals. We affirm.

BACKGROUND

Perez was jealous of the friendship that his estranged wife, Carmen Prieto, maintained with Erik Aguilar. Perez told Prieto that he wanted to talk to her and Aguilar about Prieto and Aguilar's relationship. Prieto arranged a meeting with Perez and Aguilar for the evening of April 25, 2008. The three met outside Prieto's apartment and talked. Prieto and Aguilar denied having a romantic relationship. Perez said they were lying.

Prieto saw Perez jump on Aguilar and put one hand to Aguilar's back and one hand to his stomach. Aguilar bent over, ran to the street and yelled for help. Perez went after him. Aguilar called 911 on his cell phone and reported that he had been stabbed. Aguilar collapsed and paramedics found him with several stab wounds, including one in his back and one in his abdomen. Aguilar's stomach was protruding from the latter wound. Aguilar died as a result of the stabbing.

Meanwhile, Perez returned to Prieto's apartment complex and told her, "Now you're free." Perez stuck a knife in the stair railing. Prieto saw a second knife on the floor next to the stairs. Perez was bleeding from a laceration on his hand. When the police arrived, Perez spontaneously said, "I did it." Perez's DNA and fingerprints were on both knives.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. He presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738.

We granted Perez permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Perez has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR:

NARES, Acting P. J.

IRION, J.

20101229

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