People v. Barrios CA2/5

FACTS

Events Prior to Guerrero’s Murder

Jessica Garcia and defendant began dating in June 2011. Defendant was jealous and possessive of Garcia. In August 2011, Garcia told defendant that she was pregnant with his child. Defendant became very angry and did not believe the child was his. The couple argued; defendant pulled out a gun and held it to Garcia’s head. He said he would kill her if she did not abort the pregnancy.

All further statutory references are to the Evidence Code, unless otherwise stated.

2 On October 22, 2011, Guerrero, who was defendant’s friend, sent Garcia several text messages. Defendant had introduced Garcia to Guerrero, and she saw him a few times when Guerrero helped defendant move. Guerrero wrote in one text, “Hey send me a pick 4 me only of ur-self . . . Only for me.” Another text read, “Yeah I think ur sweet heart between us I’ll never say nothen it’s only between us send me a hot pick of you.” In another text, Garcia wrote, “You’re kool I like you keep our friend ship between us.” Garcia told defendant about the texts. Sometime after February 2012, Garcia obtained a restraining order against defendant and ended their relationship. Their daughter…