People v. Avila CA4/1

DISCUSSION

I

Trial Court Did Not Require Avila to Testify

Avila contends the trial court denied him his constitutional rights to remain silent,

due process, and a fair trial when it required him to testify as a condition to his arguing he

acted in self-defense. Because the record does not support his contention, we conclude

the court did not so err.

A

During its case-in-chief, the prosecution presented the testimony of Garcia

(Camacho's friend); Justin Johnson, Troy Scutella, and Robert Marquez (all detectives

with the Ontario Police Department); and Bryan Espinoza and Isaac Casares (members of

Avila's group the night of the incident). On conclusion of the prosecution's case, Avila

moved to dismiss the first degree murder charge against him pursuant to section 1118.1,

arguing the evidence presented by the prosecution was insufficient to support that charge.

He argued the evidence instead supported a mutual combat theory and/or heat of passion

theory. The court stated it did not believe there was evidence supporting a mutual

combat theory. Avila then argued the evidence was insufficient for first degree murder

because he perceived a threat when…