Saldana

After a court trial, jury having been waived, Michael Saldana and his codefendant Ruben Arebalo were convicted of second degree murder of one Joseph Fenoff. Saldana, who had just turned 18 at the time of trial, was sent to the California Youth Authority. He appeals from the judgment of conviction.

Facts:

Debra Fenoff, the victim’s sister, thought that defendant Arebalo was following her in his car as she walked home from a friend’s house on the evening of December 10, 1973. After going home she went out for a short while; when she returned, Arebalo was parked across the street from her home. On her brother Cliff’s advice, she asked Arebalo why he was following her; he denied following her. After Cliff asked him to leave, Arebalo drove away.

Cliff and a friend drove to a liquor store. While Cliff was away, Arebalo, appellant and some others arrived in Arebalo’s car. Arebalo asked where the “big mouth” was, apparently referring to Cliff. Several witnesses testified about the following incidents. The exact sequence of events is unclear, but as Cliff and his friends were returning, Mike Saldana shot Joe Fenoff in the neck from close range. Michelle Ehlers testified that…