People v. Echartea CA5

STATEMENT OF FACTS

I. Prosecution’s case-in-chief

a. Testimony of H.M. H.M. lived with her mother, her siblings, her best friend Jane, and Jane’s 10- month-old daughter F.P. On June 22, 2019, L.V.—a friend and neighbor across the street—hosted a birthday party in her front yard. H.M. and F.P. arrived at the party early in the afternoon while Jane was dropped off around “4:00 or 5:00” p.m. by her friend John, an “African-American male.” Other guests included defendant and his brother R.E., who resided with L.V. During the party, H.M. took photographs on her cell phone. Images showed defendant wearing a “white tee shirt and red shorts” and R.E. wearing a “black tank top and jeans.” H.M. recalled there was hard liquor at the party and defendant was intoxicated. She did not drink because she was “the one watching the kids and taking care of the babies.”

2 The court struck the second section 12022.53, subdivision (c) enhancement.

3. Sometime after midnight, H.M. brought F.P. inside L.V.’s house to sleep. H.M. went back to the party and hung out with her brother, Jane, L.V., defendant, and R.E. At around 3:30 a.m., H.M. and defendant went to the bathroom, where they hugged and…