People v. Velasco CA2/2

FACTS

Prosecution Case In August 2012, 50-year-old Chuy Jose Flores (Flores) lived alone in the back house of residential property in South El Monte, California. Gilbert Ortiz (Ortiz) lived in the front house on the same property. On the afternoon of August 12, 2012, Flores and Ortiz were drinking beer in the backyard of the property, when appellant jumped over a cinderblock wall and asked for some oranges from a tree in the backyard. Flores told appellant he could have some oranges, but next time to come to his front door instead of jumping over the wall. Appellant picked some oranges from the tree and jumped back over the wall.

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 The jury found appellant not guilty of burglary in count 2.

2 Directly behind the property where Flores and Ortiz lived, there was a residential property with two houses, as well. Vilma Moreno (Moreno) and her cousin, Veronica Morazam (Morazam), lived in the front house and appellant lived in the back house. On August 12, 2012, Morazam was in the backyard pool area with her children when she saw appellant jump over the wall at the back of the property into the…