People v. Alvarado CA5

FACTS AND PROCEDURAL HISTORY

Beginning in 2007, defendant and Jessica Yanez had an “off and on” dating relationship, and had a child together in 2010. In late April 2011, Yanez, who had been living with her mother, began staying at a Motel 6 in Porterville. According to Yanez, she and defendant had been broken up for “some months,” but they reconciled while she was staying at the motel.3 On May 1, 2011, Yanez and defendant drank alcohol in her motel room, and she did not remember much of what happened that night. According to defendant, he left Yanez’s motel room that night at about 9:30 p.m.

Subsequent statutory references are to the Penal Code unless otherwise specified. Section 12021, subdivision (a)(1), has since been recodified as section 29800. Defendant similarly testified that they broke up in February 2011 and got back together right before May 2011.

2. Kayla Cantu was Yanez’s friend. She was “on the run from [her] probation officer” and was staying with Yanez in her motel room. Cantu testified that she associated with Northerners and would never hang out with Southerners.4 She was dating Leo Alvarado, and they spent a lot of time together.5 Late…