People v. Ayala CA2/2

BACKGROUND

I. Facts

On January 24, 2007, Susan Swancutt (Swancutt) was on her way to purchase drugs from Jose Macias (Macias) when she came across defendant and Oscar Camilo Escobar (Escobar). (People v. Ayala (Dec. 22, 2010, B216952) [nonpub. opn.] (Ayala).) Swancutt gave defendant and Escobar a ride, dropping them off near where she was to meet Macias. (Ibid.) She parked, walked to the truck where Macias was waiting, and entered the vehicle. (Ibid.) Defendant and Escobar “approached the [vehicle] from both sides, each holding a gun. One pointed a gun at the driver and the other at [Swancutt], ordering her into the backseat. Escobar got into the front passenger seat and [defendant] into the back, behind Macias, who was ordered to drive. Macias told the men, ‘Take whatever you want[.] [T]ake the car. Just leave me.’ Swancutt saw [defendant and Escobar] take a wallet and necklace from Macias.” (Ayala, supra, B216952, fn. omitted.) Defendant and Escobar later let Swancutt out of the truck. (Ibid.)

We provide these facts, drawn from this court’s nonpublished opinion in defendant’s direct appeal from his conviction, for context only.

2 Later that evening, Macias’s body was…