People v. Saez
Annotate this CaseSaez assaulted a female victim with a garrote on a San Francisco street in broad daylight. A witness called the police after seeing Saez “stomping” the victim as she lay on the sidewalk. Officer Barber located Saez near the scene. Saez volunteered that “[t]he bitch was already dead” when he came across her. Barber found a homemade garrote in Saez’s bloodstained jacket. The garrote had hair and skin attached to it. Later DNA testing established that the victim’s and Saez’s blood were on the jacket; the victim’s blood was on the garrote. Officers testified that the victim was “either unconscious or barely conscious” when taken to the hospital. The victim did not testify at trial, and no evidence was presented about her recovery. Saez was charged with attempted murder, with allegation that the crime was willful, deliberate, and premeditated, that he personally inflicted great bodily injury, and that he personally used a deadly weapon. The court of appeal affirmed the attempted murder conviction, the great-bodily-injury and identity findings, and one of the strike determinations, but reversed the premeditation finding, as improperly re-alleged after dismissal under section 995. The court reversed a determination that the conviction for false imprisonment while armed constituted a strike.
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