People v. Barahona CA4/2

I. Factual Background

Ilma Saucedo, the victim in this case, owned a home in Riverside and rented out

two rooms. Defendant, Saucedo’s unemployed nephew, periodically stayed with his

All further statutory references will be to the Penal Code unless otherwise noted.

2 aunt, sleeping in the living room. Saucedo owned a truck, which she drove regularly, and

a gold Honda Accord. Defendant was not permitted to drive Saucedo’s vehicles.

On February 11, 2011, Saucedo went to work. Her shift ended a little early that

day, and Saucedo stopped by the bank to deposit her paycheck. Saucedo arrived at her

house around 12:30 p.m., though she normally did not get home until after 1:00 p.m.

Candelario Ramirez Orenda, one of Saucedo’s renters, saw her arrive at 12:30 p.m., just

as Orenda was leaving for work. Defendant was home at that time, standing by the front

door. Saucedo told Orenda good-bye as he was leaving.

When Orenda returned about 9:30 p.m. that evening, no one was home. Orenda

saw two beer glasses sitting in the kitchen, only one of which had been cleaned. This

was unusual because Saucedo was always very neat and tidy, and never left unwashed

dishes sitting out…