People v. Armendariz

Opinion

BIRD, C. J.

This is an automatic appeal from a judgment imposing a penalty of death under the 1978 death penalty law. (Pen. Code, § 190.1 et seq.; see Pen. Code, § 1239, subd. (b).)

Appellant, Joseph Armendariz, was charged with killing Joe Velasquez, the father of his common law wife Alice Velasquez. The prosecution contended that appellant killed Velasquez during the commission of a burglary and robbery. The defense contended that appellant went to Velasquez’s house only to look for a place to sleep and discovered Velasquez’s body. Appellant’s brother testified that it was he, not…