People v. Diaz CA2/1

BACKGROUND

A. Factual Summary Diaz requests that we take judicial notice of our opinion in her direct appeal (People v. Diaz (Dec. 22, 2005, B175089) [nonpub. opn.] (Diaz I)), explaining she does not dispute that she “participated [in the offense conduct] in the ways described in [Diaz I].” The Attorney General also relies on Diaz I for its factual summary. Accordingly, we take judicial notice of Diaz I and rely on its factual recitation, as background only. We draw the facts upon which we rely for our substantial evidence analysis from the trial testimony considered by the court as part of the section 1172.6, subdivision (d)(3) evidentiary hearing. In July 2000, 16-year-old Diaz and her 17-year-old half- sister, Laura R., lived with Diaz’s aunt and uncle, Richard and Sylvia F., and their four children, 18-year-old Esperanza, 17- year-old Richard Jr., 14-year-old Sylvia Jr., and 10-year-old Matthew. Diaz and Laura’s mother had died when Diaz was three years old. After a period of living with other relatives, Diaz and Laura came to live with Richard and Sylvia. Diaz and Laura were considered part of the family. (Diaz I, supra, B175089.)

3 Diaz met Michael Naranjo in high…