People v. Castillo CA5

STATEMENT OF THE CASE

Castillo was charged with murder in the death of John Salvio, Jr. (Salvio). It was further alleged that Castillo had suffered a prior strike and serious felony conviction (§§ 667, subds. (a), (b)-(i), 1170.12, subds. (a)-(d)), and had served three prior prison terms within the meaning of section 667.5, subdivision (b). The murder count was tried by jury. The enhancement allegations were bifurcated, but Castillo admitted the truth of those allegations at the conclusion of trial. The prosecution called 17 witnesses to establish a rather convoluted set of facts involving a group of homeless people in southeast Fresno. At the heart of the case was an alleged love triangle between Castillo, Salvio, and a woman named Vicky Guerrero. We provide an abbreviated summary of the trial evidence, focusing on the information essential to our analysis of the ineffective assistance claim. On April 7, 2012, police responded to a report of domestic violence near East Tulare Avenue and North 2nd Street, an area where homeless individuals frequently congregated and slept. Upon arrival, the investigating officer made contact with Salvio and Vicky Guerrero. Both of them were…