People v. Vargas CA2/1

BACKGROUND

1. Relationship of defendants and victim Defendants are the nephews of Miguel Garcia Vargas (Miguel). Miguel testified he did not see defendants for 13 or 14 years after defendants’ father (Miguel’s brother) moved away, then died. He had seen Rodolfo several times in the months before the charged offense, and Miguel’s son Cesar Garcia (Cesar) had maintained a relationship with Rodolfo, but not Anthony. 2. The burglary On May 1, 2012,2 Miguel and his wife, Lillian Ocasio (Lillian), lived with Cesar in a mobile home in Lancaster. Lillian testified a noise awakened her around 1:00 a.m. She noticed the screen had been removed from the window and the window had been opened. She saw a young man she recognized as Miguel’s younger “cousin” trying to

Undesignated date references pertain to 2012.

3 come through the window. At trial Lillian identified Anthony as the man who tried to come through the window. Lillian awakened Miguel. Miguel testified that after Lillian awakened him, he noticed the curtains were “big.” Then he noticed two feet, followed by “knees through the window.” The person’s hands were “holding to the window.” Miguel said, “Hell, no,” and pushed…