People v. Aparicio CA4/3

FACTS

It was uncontested at trial that defendant shot and killed another man with a shotgun. Indeed, defendant testified that he “lifted the weapon and . . . made the shot,” hitting the intended party “[i]n the chest” with the first shot, then fired a second shot that (according to other evidence) hit the victim in the head, instantly killing him. The issue for the jury was what criminal culpability, if any, defendant bore for his actions, which

1 All statutory references are to the Penal Code unless otherwise stated. 2 See Batson v. Kentucky (1986) 476 U.S. 79 (Batson); People v. Wheeler (1978) 22 Cal.3d 258 (Wheeler), disapproved on a ground not material to this appeal in Johnson v. California (2005) 545 U.S. 162, 168, 173.

2 occurred during a confrontation between defendant and his girlfriend’s husband, from whom she had separated several months earlier.

Evidence at Trial Joanna Morales (whose testimony provided the basis for much of this recitation of facts) separated from her husband Israel Morales in September 2006 because he physically attacked and threatened her. Joanna told police in September 2006 that Israel tried to kill her. Israel, a trained boxer, hit Joanna…