People v. Esquivel CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Defendant is Charged On September 30, 2010, the Santa Clara County District Attorney filed a two- count information against Esquivel. Count 1 charged Esquivel with the November 30, 2003 murder of Raul Curiel (Pen. Code, § 187)1 and alleged Esquivel had personally used a deadly weapon in the commission of that offense (§ 12022, subd. (b)(1)). Count 2 charged Esquivel with assaulting Shiloh Brummitt with a deadly weapon in March 2010 (§ 245, subd. (a)(1)) and alleged Esquivel had personally used a dangerous and deadly weapon in the commission of that offense (§§ 667, 1192.7). B. Evidence Adduced Regarding the Killing of Raul Curiel Esquivel went to trial on both counts in March 2012. The jury heard approximately seven and a half days of testimony. It was undisputed at trial that Esquivel stabbed Curiel to death during a brief altercation in a crowded night club in 2003. It was further undisputed that Esquivel fled the club and was not arrested until approximately five years later. At issue with respect to Curiel’s death was Esquivel’s mental state, including whether he acted in imperfect self-defense or in the heat of passion.…