State v. Sanchez-Jacobo

282 P.3d 880, 250 Or. App. 621, 2012 WL 2403532, 2012 Ore. App. LEXIS 797
CourtCourt of Appeals of Oregon
DecidedJune 27, 2012
Docket060733948; A139993
StatusPublished
Cited by12 cases

This text of 282 P.3d 880 (State v. Sanchez-Jacobo) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Sanchez-Jacobo, 282 P.3d 880, 250 Or. App. 621, 2012 WL 2403532, 2012 Ore. App. LEXIS 797 (Or. Ct. App. 2012).

Opinion

BREWER, J.

Defendant was convicted after a jury trial of aggravated murder, murder, coercion, and unlawful use of a weapon. The trial court imposed a sentence of life imprisonment without the possibility of parole for the aggravated murder conviction, with various other sentences to run consecutively or concurrently. Defendant appeals, raising numerous challenges to his convictions. We reject all but two of his arguments without discussion, but write to address (1) his contention that the trial court erred in overruling his objection to his wife’s testimony that, as the result of a plea bargain, her sentence had included “a contract to go to court and tell the truth,” and (2) his assertion that the trial court was required sua sponte to grant a mistrial or give a curative instruction based on the prosecutor’s comment in closing argument to the jury that, “at this point in the trial, the presumption of innocence will evaporate.” As explained below, we conclude that the trial court properly overruled defendant’s objection to his wife’s testimony and, although defendant is correct that the prosecutor’s statement to the jury was legally erroneous, we decline to exercise our discretion to correct that unpreserved error. Accordingly, we affirm.

Because defendant was convicted after a jury trial, we set out the facts in the light most favorable to the state. State v. Johnson, 342 Or 596, 598, 157 P3d 198 (2007), cert den, 552 US 1113 (2008). This case concerns the events surrounding the murders of two men, Rodelfo Romero-Lopez, Jr. (Junior), and Alex Sanchez-Hernandez (Alex), that occurred approximately a month apart. Defendant and the two victims were from the same small community in Mexico; Alex was defendant’s cousin, and Junior, although apparently not related, also referred to defendant as a “cousin.” As explained in more detail below, defendant, Junior, Alex, and defendant’s wife, Christina Sanchez (Christina), all were involved in the distribution of methamphetamine.

In the spring of 2006, defendant and Christina were not living together; Christina lived in Woodburn, and defendant lived in the townhouse of another woman in Scappoose. Junior lived in the same townhouse in Scappoose. Alex lived in an apartment in Gresham. Alex dealt in large quantities of [624]*624methamphetamine. Defendant also supported himself by selling methamphetamine, some of which he obtained from Alex. Junior, along with Gerardo Vasquez-Villagomez (El Negro) and Jose Zamora-Camacho (Pepe) were associates of defendant in his drug-related activities. Christina also sold methamphetamine, which she generally obtained from defendant. However, on several occasions in the spring of 2006, Christina obtained methamphetamine directly from Alex without defendant’s knowledge.

Another individual, Daniel Contreras-Gonzales, was introduced to defendant by Junior, and defendant sometimes gave him methamphetamine in exchange for transportation. One day in the spring of 2006, defendant and Contreras-Gonzales were together in one of defendant’s trucks, travel-ling to the townhouse in Scappoose, when several bags of drugs slid from beneath the seat. Defendant asked Contreras-Gonzales to push them back under the seat. After they arrived in Scappoose, defendant asked Junior to fetch the drugs from the truck, after which defendant discovered that some of the drugs were missing. Defendant accused Junior and Contreras-Gonzales of taking the drugs. Defendant then told Contreras-Gonzales to give his car to defendant. Contreras-Gonzales was frightened, and he gave defendant the car.

Several weeks later, defendant drove to Contreras-Gonzales’s apartment and told Contreras-Gonzales to get in to his car. Junior was sitting in the front passenger seat, and Contreras-Gonzales was seated between El Negro and Pepe in the back. Defendant gave El Negro some money and told Contreras-Gonzales that he had paid El Negro and Pepe to kill him and Junior. Defendant then drove Contreras-Gonzales back to his apartment. About a week after that, defendant again came to Contreras-Gonzales and instructed him to get into defendant’s vehicle. Defendant drove Contreras-Gonzales to a remote location, showed him a gun, and said that, “if somebody killed a dog around here, nobody would find it.” Contreras-Gonzales was afraid that defendant would kill him. Defendant then told Contreras-Gonzales that Contreras-Gonzales would need to give defendant $100 per week, and Contreras-Gonzales agreed. Defendant’s convictions for coercion and unlawful use of a weapon stemmed from those events.

[625]*625In the week leading up to his murder on May 31, 2006, Junior exhibited anxiety and indicated to other people that he was having problems with defendant. On the evening of his murder, Junior was with his friend, Nicole Weber, smoking methamphetamine outside an apartment complex in Portland. A white pickup truck like one that defendant owned arrived; Junior got inside the truck, and he remained there for less than five minutes. The person inside the truck was described to Weber as Junior’s “cousin.” Weber and Junior then got into Junior’s car and used more methamphetamine. Shortly thereafter, El Negro and Pepe walked by, and Junior told Weber that they were “there for him.” Junior and Weber then went to a nearby apartment and Junior asked if he could borrow the telephone. As Junior stood outside the apartment, and attempted to make telephone calls, El Negro and Pepe approached. Junior asked a person inside the apartment to call 9-1-1. El Negro looked at Weber and said, “I’m sorry,” then shot Junior in the chest. Junior died of the gunshot wounds. An analysis of the bullets showed that they had been fired from a weapon that used 38-caliber ammunition.

Several days after Junior’s murder, defendant trav-elled to Modesto, California, with Christina and El Negro, to purchase methamphetamine. During that trip, defendant physically and verbally abused Christina, accused her of cheating on him, and said “that’s why I took care of that motherfucker.” Defendant told a friend that they were visiting that Christina “made me kill my cousin.” Defendant later told the same person that he had had problems with Junior because of “some things that [were] taken.” During that visit, defendant hid a handgun in a box near the friend’s house; that gun was consistent in appearance with the type of weapon that had been used in Junior’s murder. On June 24, 2006, defendant and Christina again visited Modesto to obtain methamphetamine. During that trip, defendant retrieved the gun that he had hidden during his previous visit.

On July 9, defendant, El Negro, and Pepe drove to Christina’s house in Woodburn in defendant’s black Cadillac Escalade. They left sometime early that evening in the same vehicle. Later that evening, defendant, El Negro, and Pepe went to Alex’s apartment in Gresham. All three men entered [626]*626the apartment, and defendant spoke with Alex. El Negro and Pepe both had guns. Alex’s friend Garcia-Garcia was present in the apartment, and defendant told him that, if he said anything, something would happen to him. Defendant told El Negro and Pepe to “do what they had to do” in 10 or 20 minutes, then defendant left the apartment. Shortly thereafter, one of the two gunmen said “lo siento” (which means “I’m sorry” in Spanish) to Garcia-Garcia, then shot Alex in the head. Both gunmen fled through the back door of the apartment. The state adduced evidence that the gun used to kill Alex was the same gun that had been used to kill Junior. Investigators also found Pepe’s palm-print near the scene of Alex’s murder.

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Cite This Page — Counsel Stack

Bluebook (online)
282 P.3d 880, 250 Or. App. 621, 2012 WL 2403532, 2012 Ore. App. LEXIS 797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sanchez-jacobo-orctapp-2012.