People v. Espinoza CA4/2

BACKGROUND

I. The charges

Espinoza was charged by information with first degree murder for the January 7,

2021, killing of Christian Ruiz. (Pen. Code, § 187, subd. (a); unlabeled statutory

references are to this code.) The information also alleged that (1) the offense was a

serious felony (§§ 667.5, subd. (c), 1192.7, subd. (c)), (2) Espinoza personally used and

discharged a firearm (§ 12022.53, subds. (a)-(c)), and (3) he intentionally discharged a

firearm that proximately caused great bodily injury or death (§ 12022.53, subd. (d)).

II. The trial

At trial, 12 witnesses testified for the prosecution, and no witnesses testified for

the defense.

A. The relationships

Samantha G. testified that she and Espinoza dated for approximately one year.

She said that she ended the relationship a few months before January 2021. Espinoza’s

sister, Christina B., testified that Espinoza and Samantha were dating in January 2021 and

that the relationship seemed fine. But Christina spoke with a detective on January 7,

2021, and described Samantha as Espinoza’s ex-girlfriend. Christina testified that she

2 heard “[a] couple days before” Ruiz was killed that Samantha and…