People v. Pina CA3

I. BACKGROUND

A. Factual Background On November 15, 1985, at about 9 a.m., the victim, Alejandro Ferrel, was found in his cell (No. 30) with his cellmate, defendant, and co-defendant Angel Valencia. Co- defendant Valencia appeared to be bleeding from his mouth and had a lot of blood on his face and blood splatter on one pant leg. Co-defendant did not have any visible wounds on his hands. Defendant had cuts on his right thumb, right palm, and an abrasion on his right calf. Ferrel had stab wounds to his head, neck, upper chest, chest, abdomen, and thighs. Ferrel ultimately died as a result of complications from the multiple stab wounds. We have taken our recitation of facts from the trial court’s statement of facts in its written decision denying defendant’s petition. So has defendant, but he limited his recitation of facts to those summarizing his own testimony at trial. In it, he testified to stabbing Ferrel repeatedly during a fight and claimed Ferrel was armed with a knife. Defendant testified that co-defendant only entered the cell after the fight was over. A jury found both defendants guilty of first degree murder and found true that both defendants personally used a…