People v. Gentile CA4/2

BACKGROUND

In June 2014, the victim, was found beaten to death inside a Mexican restaurant in

Indio, California, where the victim lived and worked as the caretaker. (People v. Gentile

(June 29, 2023, E079265) [nonpub. opn.] (Gentile VI). Near the victim’s body was a

broken chair, a broken beer bottle, a wooden stick, and a broken golf club with the

victim’s blood on it, as well as bloody shoe and sock prints. (Ibid.) Also found in the

restaurant were cigarette butts containing DNA from defendant, Roberts, and the victim.

(Ibid.) Evidence introduced at trial was conflicting, as will be elucidated below.

All statutory references are to the Penal Code.

2 In 2015, defendant was convicted of first degree murder in connection with the

beating death of the victim. The prosecution’s star witness was defendant’s ex-wife,

Roberts, who testified following a grant of immunity. (Gentile VI, supra, E079265.) The

facts of the murder are discussed in the context of the evidence adduced at the evidentiary

hearing, set out below. Defendant was convicted of first degree murder and sentenced to

prison for 25 years to life.

On direct appeal, we reversed the conviction for…