People v. Kim CA2/1

BACKGROUND

A. Prosecution’s Case In December 2007, Susan Kim lived in a two-story house on Raymond Avenue in Glendale. Appellant was Kim’s boyfriend and had moved in with her a year earlier. Appellant was unemployed and did not speak English very well. Kim’s daughter, Jane Moon, attended college in San Diego but would periodically stay at Kim’s house during weekends and winter and summer breaks. Appellant made little effort to get to know Moon except when Kim was also present.

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 Moon was staying at Kim’s home for winter break to attend two weddings on December 15, 2007. On that day, Kim confided in Moon that she wanted to “kick out” appellant from the house. Kim appeared scared when she confided in Moon. On December 16, 2007, around 8:00 a.m., Moon was sleeping in an upstairs bedroom of Kim’s house when she was awakened by the sound of Kim and appellant arguing in the downstairs hallway. Moon heard Kim “trying to kick [appellant] out,” appellant saying “‘Give me money and I will leave,’” and Kim responding “‘Are you crazy?’” and “‘Why would I give you money? It is my house. Get out.’” Moon…