People v. Gallegos CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

We review the record and recite the facts in a light most favorable to the judgment.

(People v. Hill (1998) 17 Cal.4th 800, 848-849.) There was never an issue as to the cause

of Humbert's death: around 7:45 p.m. on April 1, 2012, defendant stabbed Humbert with

a knife, and he died later that evening as a result of a single stab wound that passed

through two of his ribs and entirely through his heart.

A. Introduction

At the time of his death, Humbert was 25 years old, defendant was 35 years old,

and they had known each other for approximately three years. Throughout most of this

time, they had a romantic relationship living together, but they often would argue, break

up and get back together. There was evidence that, during their relationship, Humbert

and appellant loved each very much, and Humbert could act jealously with or without

cause. On a daily basis, they both received methadone and used illicit drugs (mostly

heroin and methamphetamine); defendant also had a prescription for the drug Klonopin,

an antianxiety medication.

Just days before his death, Humbert moved out of the room he had been sharing

with defendant…