People v. Ettima CA4/3

FACTS

The facts are not much in dispute. In January 2009, after his release from prison, 26-year-old Ettima went to his grandmother’s, Emma Louise Hardwick-Street’s (Hardwick), apartment in Los Alamitos. After Hardwick refused Ettima’s request to live with her because she cared for Ettima’s eight-year-old brother, Matthew W., and three-year-old cousin, Georgia E., Ettima stabbed her to death while the children were home. Later in the day, Ettima set the apartment on fire and left with the children. Ettima then abandoned the children, leaving them to fend for themselves. Emergency personnel responded and found Hardwick’s charred remains. In February 2010, a second amended indictment charged Ettima with the following: murder (Pen. Code, § 187, subd. (a); all further statutory references are to the Penal Code, unless otherwise indicated) (count 1); arson of an inhabited dwelling (§ 451, subd. (b)); two counts of child abuse (§ 273a, subd. (a)) (counts 3 & 4); and making a criminal threat (§ 422) (count 5). The information alleged he committed count 2 with an accelerant (§ 451.1, subd. (a)(5)). The information also alleged he suffered four prior prison terms (§ 667.5, subd. (b)).…