People v. Espinoza CA4/3

FACTS AND PROCEDURAL HISTORY

Defendant’s life spiraled out of control beginning in 2008. His employer of 20 years relocated to Michigan. Rather than relocate, defendant stayed behind. He received 40 weeks’ pay, cashed out his 401(k) worth approximately $104,000, and began collecting unemployment. After a year of drinking and gambling, the money was gone. By July 2010 unemployment checks stopped, defendant had a zero balance in his bank accounts, his credit card was in collections, and he had been caught pawning his family’s

All further statutory references are to the Penal code unless noted.

Defendant was not charged with robbery.

2 possessions. To make matters worse, Marisela told defendant she wanted a divorce after discovering defendant’s secret cell phone contained sexually explicit text messages from other women. During the next two weeks, while defendant was moving out, Marisela slept on the floor in the spare room and defendant slept in the master bedroom. Sometime during the morning of July 28, 2010, defendant killed Marisela while she slept by striking her on the head seven times with a monopod (single pole used to support a camera). Defendant bagged his…