People v. Jimenez CA1/5

I. FACTS AND PROCEDURAL HISTORY

B.H. lived in a second-story flat of a two-unit building with her friend and roommate Damon B. Appellant lived in the downstairs in-law unit of the building. B.H. had “minimal, just sort of like in passing, neighborly contact” with appellant and had spoken to him only a few times. After arriving home from work on October 1, 2012, B.H. tried to open the curtain over the window in her bedroom, but the entire rod and curtain fell onto the ground. She was too short to replace the rod and curtain, so she left them on the floor under the window, being careful not to step on them. B.H. went out to dinner and met Damon and another friend at a local bar, returning home after 11:00 p.m. She did a load of laundry and heard music and voices coming from the downstairs apartment. When she went to bed around midnight, she turned on her television set, which cast a light into the room, and opened her bedroom window all the way because it was a hot night. The window screen was still on the window at that point. The door at the bottom of the stairs to the flat was locked with a deadbolt and the door leading from the laundry room to the back stairs was locked as…