People v. Arrendondo CA4/2

FACTS AND PROCEDURAL HISTORY

We have taken judicial notice of the record and decision in the prior appeal in this

case, People v. Arredondo (Aug. 17, 2012, E053020 [nonpub. opn.]). The underlying

offenses were described in our opinion in People v. Arredondo, supra, E053020:

In 2005, the victim, Theresa Z., was asleep in her bedroom at 3:00 a.m. when she

awoke to find a man standing over her. He had his head wrapped, and he wore heavy

work gloves. The victim started to scream, and the man put his hand over her mouth.

Fearing for her children, and also thinking that the man might kill her, the victim flailed,

kicked and screamed again. Suddenly, the man ran away. The victim called police.

The officers who responded found a beer can outside the back door of the victim’s

bedroom. The can had defendant’s fingerprints on it.

Defendant was charged with one count of first degree residential burglary

(count 1) and assault with intent to commit rape, sodomy or oral copulation (count 2).

2 After defendant’s arrest for the 2005 crimes, he was also charged with an earlier

incident that had happened in 2002. Iris S. was at home in her bedroom, while her

husband was still awake in…