Commonwealth v. Marquez

980 A.2d 145 (2009)

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Commonwealth v. Marquez

Pennsylvania Superior Court
980 A.2d 145 (2009)

Facts

Edwin Marquez (defendant) and his brother Carlos Jiminez returned home to find three intruders inside their residence. Jiminez disarmed one of the intruders, and the intruders fled. One of the intruders was eventually captured by the police. Jiminez did not inform the police that he had taken a gun from one of the intruders, nor did he turn in the gun. Two days later, Marquez saw a man in a grocery store, Carlos Alicea, whom Marquez believed had been one of the intruders. Marquez was overheard talking on his phone to someone, stating “he is here” and telling the person on the phone to come quickly to Marquez’s location. Marquez then went into the store, grabbed Alicea, and attempted to restrain him. The two men struggled and moved out of the store, with Marquez holding Alicea in a headlock. Jiminez then drove up, ran up to the struggling men, and shot Alicea in the chest from close range. Marquez let go of Alicea, who stumbled away. Jiminez fired at Alicea again, Alicea fell to the ground, and Jiminez fired a third shot at him. Alicea died from his wounds shortly thereafter. Marquez and Jiminez fled to Florida but were eventually arrested and returned to Pennsylvania to be charged. Marquez was charged with murder generally, criminal conspiracy, and weapons charges. Marquez was convicted of third-degree murder and criminal conspiracy. Marquez appealed, alleging that there was no evidence that he agreed to shoot or kill Alicea or had been an accomplice in the murder.

Rule of Law

Issue

Holding and Reasoning (Musmanno, J.)

Concurrence/Dissent (Cleland, J.)

Concurrence/Dissent (Klein, J.)

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