People v. Matlock CA3

BACKGROUND

At the section 1172.6 evidentiary hearing, the parties relied on the preliminary hearing transcript2 and neither party presented new evidence. A. The Evidence at the Preliminary Hearing In 2015, S. lived in a house in Manteca with her boyfriend Timothy Spino (a known marijuana dealer), their two-year-old daughter, S.’s sister B., B.’s one-year-old daughter, and a roommate. Defendant was B.’s former boyfriend. He lived at the house about a year prior to the incident. On October 16, 2015, defendant went to the house to visit B. At the time, Timothy had a large tote bag or container of marijuana stored in the basement and money in a safe in his bedroom. The back door to the house was left open so Timothy’s dog could go outside. S. said that at some point, defendant asked B. if he could take the dog for a walk, but she said no. Timothy eventually left the house to go skateboarding with his friend, Michael. Defendant later asked S. where Timothy was. She called Timothy, and he told her he would be home soon. She did not tell defendant that Timothy was on his way back to the house.

2 In addition to a copy of the preliminary hearing transcript, the People submitted the…