The People v. Alvisar CA5

FACTS

I

PROSECUTION EVIDENCE

At approximately 10:50 p.m. on August 8, 2009,3 Cynthia Martinez was in her home in the 1200 block of West Wren, Visalia, when she heard a single “pop” that she thought was a firecracker. She went outside, then heard a crash like something falling over. The noise came from the house across the street and one house over from Martinez’s residence. Martinez heard a woman’s voice say, “Oh, my God. What have you done?” After that, the voice said, “Oh, my God. Oh, my God. Oh, my God.” Later, the woman said, “But I love you,” then, “Oh, my God.” Martinez had not heard any yelling before the pop, and in fact had never heard yelling from the direction of that house.

All statutory references are to the Penal Code. The section 12022.5, subdivision (a) allegation was dismissed, with respect to count 1, on the People’s motion prior to trial. Jurors were not asked to make a finding of firearm use with respect to involuntary manslaughter. Unspecified references to dates in the statement of facts are to the year 2009.

2. Cynthia Adzhayan, who lived next door to Martinez, heard a loud popping that sounded like a gunshot. She saw lights…