State v. Fierro

603 P.2d 74 (1979)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Victor Corella was given a ride by Ray Montez and his wife Sandra as they were attempting to locate some marijuana. While cruising, Ray Montez heard his name called from another car. He stopped his car, walked over to the other car and saw that the passenger who had called his name was D. D told Ray Montez that his brother in the 'M,' or 'Mexican Mafia,' had instructed D to kill Corella. Ray Montez told D to do it outside the car because he and his wife 'did not want to see anything.' Montez returned to his car. D followed and began talking with Corella. Corella got out of the car. Montez started to drive away when D began shooting Corella. Corella was shot once in the chest and four times in the head. Corella's body was taken to the emergency room at Maricopa County Hospital. Surgery was performed, and he was taken to the surgical intensive care unit where a follow-up examination and evaluation revealed that he had suffered brain death. Corella was maintained on support systems for the next three days while follow-up studies were completed which confirmed the occurrence of brain death. The supportive measures were terminated, and he was pronounced dead on 22 August 1977. D was tried for first-degree murder. D argued that he was not the cause in fact of the death in that the termination of support systems by attendant doctors three days after Corella had suffered 'brain death' was the cause of Corella's death, and that the evidence supporting the judgment of guilt to the crime of murder was, therefore, insufficient to convict. D was convicted and appealed.