People v. Keating CA4/1

STATEMENT OF FACTS

Keating does not challenge either the sufficiency or the admissibility of the

evidence to support his convictions. Thus we will include only a summary of the facts of

the offenses. We find the respondent's summary is accurate and adopt it here for

convenience.

A. Prosecution Case

William Hatch lived with his mother, Ellen, in a house located at 2815 Charlar

Avenue in San Diego. Hatch's niece, Debbie Martin, was permitted to live on the house's

covered back patio but was not allowed to entertain visitors and was not allowed to enter

All further statutory references are to the Penal Code unless otherwise specified. 2 the main house when Hatch and his mother were not present. Appellant was Martin's

boyfriend. Hatch had told appellant he was not welcome at the house on at least eight

occasions. Appellant had previously confronted Hatch and gotten "in [his] face."

On April 25, 2014, around 3:45 p.m., Hatch was outside his home when he heard

loud yelling. He looked down the street and saw appellant approaching. Using Hatch's

name, appellant was screaming, "I'm going to fuckin' bash your brains in. You are a…