People v. Munoz CA4/2

BACKGROUND AND OUR REVIEW

Late in the evening of July 10, 2020, eyewitnesses saw defendant shoot and kill

Rodriguez at Culichi Town VIP restaurant in Fontana. The shooting occurred around

11:00 p.m. Defendant had been sitting with a female companion in the restaurant’s

outside dining area, where a live band was playing. Defendant approached another

1 Anders v. California (1967) 386 U.S. 738; People v. Wende (1979) 25 Cal.3d 436.

2 All further statutory references are to the Penal Code unless otherwise indicated.

2 couple’s table, where he set a beer down hard on the tabletop, saying, “This is for you.”

The couple politely declined the drink. Defendant appeared intoxicated.

A waiter had earlier declined to serve defendant a shot of tequila; the waiter

gestured to Rodriguez when he saw defendant approach the other couple’s table. When

Rodriguez came to the table, defendant tried to order the couple a different drink

(“whatever he wants”), but Rodriguez redirected defendant away, telling him “it’s already

been last call.” Defendant placed his arm around Rodriguez and leaned in to speak into

his ear, but Rodriguez rebuffed him, shrugging defendant away by moving his…