IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, v. ARTURO JUAREZ SUAREZ, Defendant and Appellant. S105876 Napa County Superior Court CR103779 August 13, 2020 Justice Liu authored the opinion of the Court, in which Chief Justice Cantil-Sakauye and Justices Chin, Corrigan, Cuéllar, Kruger, and Groban concurred. Justice Liu filed a concurring opinion, in which Justice Cuéllar concurred. PEOPLE v. SUAREZ S105876 Opinion of the Court by Liu, J. After this case was transferred from Placer County to Napa County, a jury found defendant Arturo Juarez Suarez guilty of the first degree murders of José Martinez, Juan Martinez, J.M., and A.M. (Pen. Code, § 187, subd. (a)) and found true the allegations that he personally used a firearm in the murders of José and Juan (id. § 12022.53, subd. (d)) and that he personally used a deadly and dangerous weapon in the murders of J.M. and A.M. (id. § 12022, subd. (b)(1)). (All undesignated statutory references are to the Penal Code.) The jury found true the special circumstances that he committed these murders while lying in wait (§ 190.2, former subd. (a)(15)) and that he had been convicted of more than one offense of murder in the first or second degree (§ 190.2, subd. (a)(3)). The jury also found him guilty of forcible rape (§ 261, subd. (a)(2)), unlawful penetration by a foreign object (§ 289, subd. (a)), and kidnapping to commit rape (§ 209, subd. (b)(1)) of Y.M., and the jury found true the enhancement allegations for those offenses. Following the penalty phase, the jury returned a verdict of death. The trial court sentenced him to death. This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment. PEOPLE v. SUAREZ Opinion of the Court by Liu, J. I. FACTS A. Guilt Phase 1. Prosecution Case a. Before the murders Arturo Juarez Suarez (Juarez) was a seasonal worker at the Parnell Ranch in Auburn in 1998. He lived in a trailer on the ranch and worked six days a week, typically taking Sundays off. He was married to Maria Isabel Juarez de Martinez (Isabel), and he was friends with her brothers José and Juan Martinez, all of whom had grown up in the same town in Mexico. José and his wife Y.M. lived in Galt with their five-year- old son, J.M., and three-year-old daughter, A.M. Juan also lived with them. Juarez often spent holidays and weekends with the family. He had a good relationship with J.M. and A.M. Y.M. testified that Juarez made her uncomfortable on two occasions, a few years before the capital crimes. One time, he grabbed her waist, she told him to let her go, he said he was not going to do anything, and he let her go. She slapped his face, and he told her not to hit him. Another time, he touched her ribs and her neck, and she told him to leave her alone. She told José about one of these occasions, and it caused some problems that were ...
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