Aguilera’s attorney wants prior convictions struck while
Frausto’s trial is postponed until March
San Martin – A convicted felon and a Morgan Hill man accused of murder will have to wait, one for his sentencing, the other for his trial, Santa Clara County Superior Court Judge Kenneth L. Shapero said Tuesday.
Anthony Aguilera, 22, was not sentenced as scheduled on Tuesday. His lawyer filed a Romero motion, which allows the court to strike prior conviction allegations even if the case was charged under the three-strikes law. Shapero scheduled a hearing for 9am Feb. 23 to consider the motion.
Anthony Frausto, 19, was in court also on Tuesday, though Shapero only confirmed that his trial is set to begin March 19.
Aguilera, a Gilroy resident and an alleged Norteño gang member, was convicted of two counts of attempted murder, two counts of assault with a deadly weapon, one charge of shooting into an occupied vehicle and one charge of reckless driving while fleeing police. Five of the charges are felonies; the reckless driving charge is a
misdemeanor. Gang enhancements could add years to the time Aguilera is sentenced to serve.
Frausto, a Morgan Hill man, is charged with murder in the shooting that killed Luis Bautista, 19, of Gilroy on Sept. 30, 2005.
A Morgan Hill couple accused of beating a pregnant woman will have to wait a little longer to take their side of the story to a jury, as Shapero said Wednesday the case would wait on the trial of a Salinas man in custody for allegedly shooting a Gilroy man in 2004.
The trial of Leon Martinez, 24, is scheduled to begin with jury selection Monday.
Charles Peralta, 30, and Nicole Agriesti, 22, are out on $100,000 bond each on charges of alleged assault causing bodily injury with a hate crime enhancement. The alleged assault took place in Morgan Hill in July 2005; the victim did not lose her unborn child as a result of the alleged beating, but months later delivered the child prematurely.
Defense attorney Javier Rios has subpoenaed mental health records of Xochitl Calderon, the alleged victim, from Valley Medical Center. Rios and defense attorney Mark Arnold are seeking to show the alleged attack was self-defense on the part of their clients by providing information about the effects of withdrawal from the prescription drug, Paxil, which Calderon was allegedly taking before her pregnancy.
Martinez will face charges of premeditated attempted murder, with enhancements for the personal use of a firearm and committing a crime to benefit a gang, Martinez could face life in prison if convicted of shooting Avelino Hernandez Perez, who was standing with two roommates in the carport of their apartment building.
He is accused of firing four shots at the three Spanish-speaking men at the apartment complex at 8323 Forest St., just south of Leavesley Road on Aug. 1, 2004. One man was hit by two bullets, but survived. Martinez was captured two-and-a-half hours after the alleged shooting, hiding in a locked bathroom of a home IOOF Avenue, across the street from South Valley Middle School. The residents, who were home, didn’t know he was there.
Marilyn Dubil covers education and law enforcement for The Times. Reach her at (408) 779-4106 ext. 202 or at md****@*************es.com.
