Anthony Aguilera’s lawyer files motion that delays sentencing
for one month
San Martin – A convicted felon and a Morgan Hill man both 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 ruled.
Anthony Aguilera, 22, was not sentenced as scheduled Tuesday. His lawyer filed a motion to strike prior convictions even if the case was charged under the “Three Strikes” law.
Shapero scheduled a hearing for Feb. 23 at 9am to consider the motion. Anthony Frausto, 19, was also in court 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 the shooting that killed Luis Bautista, 19, of Gilroy on Sept. 30, 2005.
