P. v. Saenz CA2/7
Julio Velasquez died while receiving care at a drug and alcohol rehabilitation facility. Patients at the facility informed investigators that Velasquez lost consciousness after defendant Carlos Saenz and others had tied his arms and legs behind his back, and placed a gag in his mouth. The county medical examiner concluded that multiple factors had contributed to Velasquez’s death, including a pre-existing liver condition and the manner in which he had been restrained. Saenz was subsequently charged with involuntary manslaughter and felony false imprisonment. The jury found him guilty on both counts.
Saenz appeals his judgment of conviction, arguing that: (1) there was insufficient evidence to support the jury’s finding that his actions were a substantial factor in causing Velasquez’s death; and (2) the trial court should have stayed his sentence for false imprisonment pursuant to Penal Code section 654. We modify Saenz’s sentence to stay his sentence for false imprisonme
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