People v. Sandoval CA2/2

BACKGROUND

I. Preliminary Hearing

The following evidence was adduced at defendant’s preliminary hearing, held on April 16, 2007. On the evening of January 27, 2006, Chris Alvarado (Alvarado) was in a car with his friend Shawn Bryant (Bryant) when Bryant received a phone call and parked his car in an alleyway. Cynthia Picco (Picco) came out, opened a gate, and led Alvarado and Bryant to an apartment. They went inside, and Picco shut the door. Defendant and Daniel Lefler (Lefler) emerged from a hallway in the apartment. Defendant held a knife and a crowbar; Lefler held a shotgun. Lefler struck Bryant with the butt of the shotgun. Lefler and Bryant started wrestling on the ground. Defendant, still holding the knife and crowbar, “cornered” Alvarado in the dining room. Picco stood by the door. When Alvarado took a step toward Bryant to help him, defendant told Alvarado to go back to the corner. Lefler and Bryant continued wrestling on the floor. Alvarado saw Lefler on

All further statutory references are to the Penal Code unless otherwise indicated. Effective June 30, 2022, former section 1170.95 was renumbered section 1172.6, with no substantive change. (Stats. 2022, ch. 58,…