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People v. Marinero

California Court of Appeals, Second District, Seventh Division
Aug 12, 2009
No. B211157 (Cal. Ct. App. Aug. 12, 2009)

Opinion

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Los Angeles County, No. BA290339, George G. Lomeli, Judge.

Patricia A. Scott, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


WOODS, Acting P.J.

Nataly Marinero, Maria Gomez, and Sogui Godinez picked up their friend Norbert Castro and drove to the beach to drink beer. Gomez covertly added paint thinner and acetone to one beer and handed it to Castro, who drank it. As Godinez drove the four of them home, Castro began to weaken and stopped speaking. Gomez began cursing Castro and spitting on him. She also beat him with beer bottles for 45 minutes. Gomez did not attempt to defend himself during the attack, although he did ask the others for help. Godinez pulled the car over and fled to hide in some nearby bushes. She overheard Marinero and Gomez discussing whether Castro was still alive. When Castro attempted to stand up, the two women retrieved cement blocks from a construction site and dropped them on Castro’s head. He then died.

Nataly Marinero and Maria Gomez were charged by information with murdering Castro (Pen. Code, § 187, subd. (a)). Gomez was also charged with the crime of poisoning (§ 347, subd. (a)). The defendants were tried separately.

On the information Marinero’s name appeared as “Carla Mendez,” which she was called throughout the trial. She later stated her true name is “Nataly DelCarmen Vasquez Marinero.”

Statutory references are to the Penal Code.

At the conclusion of her trial, the jury convicted Marinero of second degree murder. The trial court sentenced her to an indeterminate term of 15 years to life in state prison. Marinero received presentence custody credit of 948 actual days. The court ordered Marinero to pay a $20 security assessment and a $200 restitution fine. A parole revocation fine was imposed and suspended pursuant to section 1202.45.

We appointed counsel to represent Marinero on this appeal. After examination of the record counsel filed an opening brief in which no issues were raised. On May 5, 2009, we advised Marinero she had 30 days within which to personally submit any contentions or issues she wished us to consider. We have received no response to date.

We have examined the entire record and are satisfied Marinero’s attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment is affirmed.

We concur: ZELON, J., JACKSON, J.


Summaries of

People v. Marinero

California Court of Appeals, Second District, Seventh Division
Aug 12, 2009
No. B211157 (Cal. Ct. App. Aug. 12, 2009)
Case details for

People v. Marinero

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. NATALY MARINERO, Defendant and…

Court:California Court of Appeals, Second District, Seventh Division

Date published: Aug 12, 2009

Citations

No. B211157 (Cal. Ct. App. Aug. 12, 2009)