People v. Ambriz CA5

FACTS

On May 9, 2008, the victim Juan Ponce (also known as Lucadio Galvan) was visiting Celso Ambriz1 at his home. The victim visited Celso on most days after work, and the two men would sit and converse on the porch. On the day in question, the victim and Celso were sitting on the porch talking when a red vehicle pulled up and parked in front of Celso’s home. It was evening, and although the porch light was on, there was not much light. A man, whom Celso later identified as defendant, called out and asked if the men wanted a drink. He then walked up to the porch carrying a bottle inside of a paper bag. Defendant offered Celso a drink from the bottle, which he accepted. Defendant also offered the victim a drink, but he declined. Celso testified he did not know defendant. Celso noted defendant also took a drink from the bottle. Afterwards, defendant set the bottle down on the porch. While on the porch, defendant asked the victim to accompany him to his car. The victim appeared serious and scared. Defendant walked to the driver’s side of his car and the victim stood across from him on the passenger side of the car. The men spoke for a few minutes, but Celso could not hear what was…