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PENAL CODE 187(A), PENAL CODE 189, PENAL CODE 190(A) - MAN CONVICTED OF MURDER AND STEALING VICTIM?S PRIZED FLUTES

By Walin & Klarich

On October 5, 2010, Alejandro Hernandez Rivera, 24, was found guilty of first degree murder for strangling a retiree as part of a plan to steal the retiree?s expensive flute collection. Rivera worked as a janitor by day, but prosecutors alleged that he also advertised his services as a prostitute on Craigslist. Theodore Neff, 66, was one of his regular clients. In 2008, Rivera allegedly murdered Neff, set fire to his house, and stole his collection of solid gold and silver flutes. During trial, Rivera argued that he killed Neff after Neff told him he may have been exposed to HIV. Rivera faces a maximum sentence of 28 years to life in prison. Murder is the unlawful killing of another human being with malice aforethought. PC 187(a).) First degree murder exists when a person commits murder with premeditation and deliberation, or under certain circumstances such as by poison or drive-by shooting...continue to full post

Full post as published by Southern California Criminal Defense Blog on October 05, 2010 (boomark / email).