People v. Trujillo CA2/3

FACTS AND PROCEDURAL BACKGROUND

1. Mario Alvarado is killed in the Los Angeles County Jail We take our statement of the facts from the testimony at Trujillo’s trial. Trujillo summarizes that testimony in his briefs. In addition, we previously granted the Attorney General’s request for judicial notice of the reporter’s transcripts in Trujillo’s direct appeal from his conviction, People v. Trujillo (Mar. 27, 2008, B192062) [nonpub. opn.] (Trujillo I).

References to statutes are to the Penal Code. Effective June 30, 2022, the Legislature renumbered former section 1170.95 to section 1172.6 with no change in text. (Stats. 2022, ch. 58, § 10.) We refer to the factual background from Trujillo’s trial only “for background purposes and to provide context for the parties’

2 In December 2003, Jorge Lopez was in the Los Angeles county jail. There were two other inmates in the cell with Lopez: Mario Alvarado and Jorge Munoz. After two or three days, Trujillo was put in the cell with the other three men. Lopez, Alvarado, and Munoz were considered “paisas.” A paisa is a person from “the countryside”—usually a “[f]oreign national” —who is not a gang member. Trujillo was a…