People v. Delpalacio CA1/5

I. FACTUAL AND PROCEDURAL BACKGROUND

Delpalacio was charged, by information, with one count of burglary (Pen. Code, § 459; count 1),1 one count of assault with a firearm (§ 245, subd. (a)(2); count 2), and one count of being a felon in possession of a gun (former § 12021, subd. (a)(1); count 3). Count 1 further alleged personal use of a handgun (former § 12022.53, subd. (b)). Count 2 also alleged personal use of a firearm (former § 12022.5, subd. (a)). Two prior

All further undesignated statutory references are to the Penal Code.

1 strike allegations (§ 1170.12) were included, along with a prior serious felony (§ 667, subd. (a)(1)) and prior prison conviction (§ 667.5, subd. (b)).

Prosecution Case

Matthew H.’s Testimony In July 2011, Matthew H. was living in a one-bedroom apartment in Rohnert Park with his two younger children, Matthew Jr., age 6, and Marcus, age 5. His two stepchildren, Angelina, age 10, and Eric, age 12, lived there on and off. About once a week Matthew’s estranged wife, Connie H., spent the night at his apartment so that all four children could be together.2 Matthew and Connie are legally separated and in the process of getting divorced. At the time,…