People v. Gonzales CA4/2

I. FACTS AND PROCEDURAL BACKGROUND

On October 12, 2013, the three victims in this case—a husband, a wife, and their

daughter—arrived home from running an errand to see an unfamiliar pickup truck parked

in their driveway. Two individuals, defendant and a younger male accomplice, had

broken into the house through a previously locked door, ransacked the house, and were

loading the truck with the family’s belongings. The husband recognized defendant as an

acquaintance, a friend of his brother, whom he owed a small sum of money (under $50).

Further undesignated statutory references are to the Penal Code.

2 The wife parked their vehicle in front of the truck, blocking it from driving away,

and the family exited their vehicle. Defendant’s accomplice was heard to say “‘I gotta

go. I gotta go,’” and defendant responded “‘Go ahead. Run. I can’t go.’” Instead of one

or both burglars immediately fleeing, however, there was a physical altercation between

them and the victims. During the course of that altercation, the husband, who walks with

a cane, slipped and fell on his back. One of the two burglars—apparently defendant’s

accomplice, though there was some confusion in…