The People v. Perez CA4/2

STATEMENT OF FACTS

The facts in this case are not disputed. The only issues are whether defendant

appropriately received Miranda admonitions.

A. The Home Invasion

We describe briefly the events which occurred on November 30, 2008. After a

meeting of the East Side Victoria (ESV) criminal street gang, defendant, known as

“Bams,” and two other gang members—Joseph DeLonnie, “Goofy”, and Jorge Espinoza,

“Sleepy”—undertook a mission to recover drugs and money from David Boutieller, a

Victorville drug dealer. The ESV gang charged Boutieller a “tax” of about a hundred

dollars a week in exchange for allowing him to sell methamphetamine. Defendant

obtained a gun for Goofy to use to “scare” Boutieller.

Boutieller had barricaded the front door of his residence with a large-screen

television and a piece of wood. When the three gang members arrived, defendant kicked

open the blocked entrance. Boutieller realized someone was breaking into the house so

he grabbed his gun and locked his bedroom door. He heard someone scream, “Where‟s

David?”

Defendant kicked in the bedroom door and circled through the bedroom,

bathroom, laundry room, and kitchen, searching for Boutieller.…