People v. Vasquez CA4/3

FACTS

At the time this case arose in 2011, appellant and Rainwater both lived with their parents. Their families lived next door to each other in a mobilehome park in San Juan Capistrano, but they did not get along very well. The Rainwaters thought appellant’s family was noisy and inconsiderate, and appellant’s family was leery of Rainwater because he was a convicted sex offender. In fact, appellant’s mother told everyone that Rainwater was a dangerous pedophile, even though his sole sex offense was committed against an adult woman in the 1980’s. On the night of November 30, 2011, appellant and his girlfriend Sheryl Herrera were watching a movie at appellant’s place when he stepped outside to have a smoke. When he returned, Herrera was spooked because Rainwater had appeared at the bedroom window and said something to her. Herrera wouldn’t tell appellant what Rainwater said, but she and appellant suspected Rainwater may have been watching them while they were having sex earlier that evening. Angered by the thought of that, appellant grabbed a knife and set out to find Rainwater. His initial search of the area proved fruitless, so he hid in the bushes by Rainwater’s home until…