People v. Berrum CA2/6

Good Law
Court of Appeal of CaliforniaApril 22, 2015B253070California2,051 words

Opinion

Opinion

Yegan, J.

Facts Appellant was living in a shed that had formerly been used as a garage. At about 5:00 p.m. on December 31, 2011, appellant and the victim, Leobardo Esparza, entered the shed. Esparza had driven there in his 1992 Caprice. At about 6:00 or 6:30 p.m. on December 31, 2011, appellant arrived at a New Year's Eve Party driving Esparza's Caprice . Esparza was not with him. Appellant told people at the party that he had received the Caprice in payment for work that he had performed. Appellant installed carpets. Esparza's wife testified that appellant had never performed work for her or her husband. On January 2 or 3, 2012, appellant offered to sell the Caprice to Miguel Arroyo. Arroyo did not purchase the vehicle. On January 1, 2012, appellant gave a cell phone to Fernando Zavala. Appellant said that it was a gift. Esparza's wife testified that the cell phone belonged to her husband. On January 2, 2012, Esparza's body was discovered inside appellant's shed. Esparza's wallet was underneath his body. The wallet did not contain any cash. In the morning on December 31, 2011, Esparza cashed his paycheck and received $446.43. Later that day in…

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