People v. Stewart CA4/2

I. FACTUAL AND PROCEDURAL BACKGROUND2

On April 18, 1997, the victim’s body was discovered in a vacant field; other than

cowboy boots, his body was naked from the waist down. Soon thereafter, officers

responded to a call regarding an abandoned vehicle; the vehicle belonged to the victim’s

sister, who had loaned it to the victim the day before. The undercarriage of the vehicle

was damaged; blood and tissue, consistent with the victim’s, was found adhering to the

bottom of the vehicle. (People v. Stewart, supra, E023537.)

The victim had suffered a broken jaw and a crushing fracture of the skull. The left

side of his chest was crushed, and many of his ribs were broken. On the right side of his

chest, there was a large laceration and some burns. Lubricant was found in the victim’s

All further statutory references are to the Penal Code unless otherwise indicated.

By order dated April 21, 2021, we granted the People’s request that we take judicial notice of portions of the record from defendant’s appeal from the judgment, which include the supplemental clerk’s transcript containing the jury instructions and this court’s opinion affirming the judgment. (See People v.…