P.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Anunciation was acquainted with 85-year-old Garvin Shallenberger, who had paid

Anunciation a number of times for oral sex. On the day he was killed, Shallenberger and

Michael Brinkmann, a helper Shallenberger employed to assist him around the house,

picked up Anunciation at a local store and brought him back to Shallenberger's home so

that Shallenberger could perform fellatio on him. Brinkmann, who was aware of the

purpose of the meeting, left Shallenberger and Anunciation at the home after

Shallenberger asked Brinkmann to wait elsewhere.

More than an hour later, Brinkmann and some neighbors looked through a sliding

glass door in Shallenberger's home, saw Shallenberger lying on the floor, and telephoned

911. Responding paramedics pried the door open and found Shallenberger dead.

Anunciation was arrested after he admitted strangling Shallenberger in interviews

with homicide investigator Jeff Buompensiero. Anunciation told Buompensiero that after

Brinkmann left the house, Shallenberger undressed, sat on the couch, and performed

fellatio on Anunciation as he stood before Shallenberger. Shallenberger started to…