People v. Chavez
228 Cal. App. 4th 18
| Cal. Ct. App. | 2014Background
- In 1993 Leopoldo Chavez and Edward Elias (both 17 at the time) were convicted by a jury of two counts of first‑degree murder and found to have the robbery‑murder and multiple‑murder special circumstances; both were sentenced to two consecutive life terms without parole plus one year.
- Victims were two Navy sailors found shot to death near bonfires; Ellis’s new Toyota pickup was taken. Items from the truck and recently smoked Marlboro cigarette butts were found near the bodies.
- Forensic evidence later linked Chavez to DNA in one victim’s pants pocket and to the truck (Chavez was found driving the truck in Tijuana four days later).
- Forensic evidence linked Elias to a cigarette butt at the scene (DNA) and to the stolen truck (DNA on a cup and multiple fingerprints inside and outside).
- Defendants appealed challenging sufficiency of evidence, certain jury instructions (including a modified CALCRIM No. 376 and omission of natural‑and‑probable‑consequences instruction), alleged prosecutorial misconduct, the lawfulness of life‑without‑parole sentences for juvenile offenders, and parole‑revocation fines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for murders and special circumstances | Evidence (eyewitness presence, recent possession of truck, DNA/fingerprints) supports convictions and felony‑murder/special‑circumstance findings | Evidence is circumstantial and equally consistent with innocence or nonparticipation; identification and participation were insufficient | Affirmed: viewed in light most favorable to prosecution, evidence was sufficient to support convictions and special circumstances |
| Jury instruction: use of modified CALCRIM No. 376 (possession of recently stolen property referenced as tending to prove murder) | Instruction did not lower burden of proof given corrective language and other proper instructions | Instruction was erroneous because CALCRIM No. 376 addresses theft offenses, not murder, and thus was improper | Error acknowledged but harmless under Watson; convictions stand |
| Failure to instruct on natural & probable consequences doctrine | N/A (prosecution did not rely on that theory at trial) | Trial court should have given CALCRIM No. 403 on natural & probable consequences | No reversible error: theory not advanced by prosecution and claim forfeited; harmless in any event |
| Juvenile sentencing: life without parole for 17‑year‑olds | Life‑without‑parole was imposed under then‑existing practice and was supported by aggravating record | Miller and Gutierrez require individualized consideration of youth; prior sentencing presumption invalid | Life without parole vacated as to sentencing; remanded for resentencing consistent with Miller and Gutierrez; convictions otherwise affirmed |
| Parole revocation fine under §1202.45 | Fine lawful generally | Fine invalid where sentence precludes parole | Fine stricken on remand |
| Prosecutorial misconduct in closing | Prosecutor’s inferences and remarks were fair comments on evidence | Misstatements, sympathy appeals, vouching, and attack on defense expert amounted to misconduct | No prejudicial misconduct found; at most one fleeting remark possibly improper but harmless |
Key Cases Cited
- Miller v. Alabama, 567 U.S. 460 (2012) (mandatory life without parole for juveniles violates Eighth Amendment; sentencing must account for juvenile characteristics)
- People v. Gutierrez, 58 Cal.4th 1354 (2014) (section 190.5(b) gives sentencing court discretion for 16–17 year‑olds; no presumption favoring life without parole; courts must apply Miller factors)
- People v. Bean, 46 Cal.3d 919 (1988) (circumstantial forensic evidence placing defendant near scene supports felony‑murder and special‑circumstance findings)
- People v. Seaton, 26 Cal.4th 598 (2001) (appellate review may affirm conviction if at least one theory argued to the jury is supported by substantial evidence)
- People v. Barker, 91 Cal.App.4th 1166 (2001) (application of prior possession‑of‑stolen‑property instruction to non‑theft offenses like murder was improper)