People v. Cabrera CA3

BACKGROUND

The following factual summary is derived from the factual basis for defendant’s plea and the suppression hearing. On February 1, 2013, defendant drove David Acuna to a gas station where they obtained gasoline. She then drove Acuna to an apartment complex, knowing he intended to set fire to and burn Patrick Kendrick’s apartment to cover up evidence that he had killed Kendrick. Defendant also helped Acuna avoid arrest for the murder of Kendrick, staying with him in his apartment and helping him treat burns he received while setting fire to Kendrick’s apartment. On February 5, 2013, the police executed a search warrant at defendant’s home. The police found in defendant’s bedroom a black plastic garbage bag containing items that smelled like gasoline. They also found bloody clothing, a bloody knife, and items belonging to Kendrick, including his laptop, identity cards, and checkbook. According to defendant’s roommate, defendant brought the black plastic bag into the bedroom. In addition, the police seized defendant’s car, a white Honda Civic. The police had previously learned Acuna had been seen jumping into a small white Honda when leaving Kendrick’s apartment after…