People v. Mendoza-Montoya CA4/1

I.

STATEMENT OF FACTS2

Shortly after 10:00 p.m. on December 28, 2013, Montoya and three other men

approached the upstairs outside entrance of an apartment in Brawley in which brothers

Daniel Morales (age 21), Juan Carlos Morales (age 20) and Marcos Morales (age 17)

(together, Morales brothers) resided.3 Daniel was in the living room, laying down but

not yet asleep, approximately 10 feet from the door to the outside. Marcos was in the

Further undesignated statutory references are to the Penal Code.

Where, as here, the sufficiency of the evidence is challenged on appeal, 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.)

Because the brothers share the same last name, we refer to them by their first names for convenience and clarity; we intend no disrespect by this informality. (People v. Tran (2013) 215 Cal.App.4th 1207, 1211, fn. 2.)

2 living room, not far from Daniel, watching television. Juan Carlos was in bed in a

bedroom. The door to the outside was locked with a deadbolt.

Daniel heard knocking at the door and got up to look through the peep hole to see

who was…