People v. Silva CA4/1

STATEMENT OF FACTS

Silva does not challenge the sufficiency of the evidence to support his conviction.

Nor does he challenge the admissibility of the evidence, with the exception of questions

asked regarding the alleged prior acts. Therefore only a summary of the facts of the case

is necessary to provide context for the discussion which follows. For the sake of

convenience we will adopt the factual summary from the respondent's brief.

The Prosecution's Case-in-Chief

A. Joel Rendon's Murder

In the late evening of May 27, 2012, appellant walked into a 7-Eleven store in

Chino. He was wearing a black Washington National's hat, a Dallas Cowboy's jersey, a

pair of Dallas Cowboy gloves, and had a concealed handgun on his person. It was not

cold that evening.

Appellant approached Jenaro Rodriguez, who was in the 7-Eleven to buy

cigarettes, and said that he was not from the area and was looking for something to eat.

Rodriguez told him there was a Jack in the Box about a quarter of a mile west of the

7-Eleven and a Del Taco close by, just east of the 7-Eleven. After appellant left the

7-Eleven, Rodriguez got into the car with his friend, Enrique…