Man's Conviction Upheld in Slaying of Man Found in Back of Rolling Hills School

A state appeals court panel today upheld a man's conviction for the murder of a South Gate man whose body was found in a concrete culvert at the back of a Rolling Hills continuation school more than a decade ago.

The three-justice panel from California's 2nd District Court of Appeal rejected Joe Nino's claim that errors were made in his retrial in Torrance Superior Court. Nino was sentenced in October 2009 to life in prison without the possibility of parole plus 25 years to life, while co-defendant Miguel Torres -- who is not appealing his conviction -- was sentenced to 26 years to life behind bars.

The sentences mirrored those handed down when the two were initially convicted and sentenced in 2003 for the Dec. 4, 2001, shooting death of 20-year- old Juan Vasquez, who was found dead at Rancho Del Mar Continuation High School.

An appellate court panel had unanimously reversed their convictions in July 2007, agreeing with the defense's contention that the prosecution had used its peremptory challenges -- in which an attorney does not have to state a reason for dismissing a juror -- to eliminate women and minorities from the panel.

At their retrial, Nino and Torres were again convicted of first-degree murder and conspiracy. As in the first trial, the murder charge against Nino at his retrial included the special circumstance allegation of murder while lying in wait and an allegation that he personally used a firearm.

Jurors found both of those allegations true. Torres instigated the murder, but was not at the scene when the victim was killed, according to Deputy District Attorney Craig Hum, who handled the retrial.

Torres was angry with the young man over a thwarted business deal involving car rims, the prosecutor said.