People v. Nanez CA5

FACTS AND PROCEDURAL HISTORY

Around 7:30 p.m. on July 31, 2009, Visalia police officers were dispatched to a house on South Santa Fe Avenue on a reported shooting. Officer Brian Ferrara went to the front door and saw Angel Guzman lying on his back inside the threshold of the doorway. Cristian Rodriguez held Guzman’s head up off the ground. Ferrara saw blood all around Guzman’s head; he had been shot in the back of the head. Guzman was taken to the hospital by ambulance, and he died the next day.

1 Subsequent statutory references are to the Penal Code unless otherwise specified.

2. Officer Blake McEwen took an initial statement from Cristian.2 Cristian said the shooter was named Frank, whom he knew because they had gone to school together. He described Frank as a Hispanic male adult, approximately 19 years old, six feet tall, thin to medium build, with a dark complexion and short, black hair. Cristian saw Frank pull out a small caliber handgun and begin to shoot at him and his two friends. There was another man with Frank. Cristian described him as a Hispanic male adult, approximately 19 years of age, wearing a white T-shirt, about five feet five inches tall, thin build,…