People v. Guzman CA2/3

BACKGROUND

We view the evidence in the light most favorable to the judgment. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) 1. The People’s case-in-chief a. The homicide. At about 5:00 p.m. on November 13, 2010, Dolores Jose Rodriquez (Rodriguez) bicycled from his residence to a bar located at Florence and Holmes Avenues in the Firestone area of Los Angeles County. He wanted to see the Pacquiao boxing match at the bar. He left his residence with a cell phone and his watch and wallet. At about 8:39 p.m. that night, Los Angeles County Deputy Sheriffs Chris Mezzano (Deputy Mezzano) and David Rodriquez (Deputy Rodriguez), local gang officers, stopped appellant and Jhony Dominguez (Dominquez), who were on parole. Appellant and Dominguez were standing in an alley next to appellant’s 1999 Mazda MVP minivan, California license plate No. 5BOX597. The alley ran behind appellant’s Firestone area residence, 71114 ½ East 76th Street, in the County of Los Angeles. Deputy Mezzano searched the minivan and observed a metal baseball bat laying in its hatchback area. Appellant was dressed in plaid shorts and a baggy gray T-shirt. Several hours later, in the early morning hours of the next day, at…