People v. Perna CA4/3

FACTS

We briefly summarize the relevant facts from our prior opinion in this case, People v. Perna (July 23, 2007, G036905) [nonpub. opn.] (Perna).) “The victim, David Montemayor, managed a trucking company in Rancho Dominguez. He held a 45 percent interest in the company. His father held the other 55 percent. It appeared Montemayor was stealing from the company and operating a side business under the table. A rumor spread through the company that Montemayor had thousands of dollars in cash stored in a coffee can at his house. “Montemayor’s father hired defendant, who is his daughter and Montemayor’s sister, to try to rein in Montemayor. Defendant repeatedly confronted Montemayor over the company’s finances and his stealing. The confrontations were heated. They would scream and swear at each other. . . .” (Perna, supra, G036905.) “Montemayor left his Buena Park home for work one morning in October 2002. Although he made it to work, unlocking a door, he was gone before the first employee arrived. Instead, he was back in Buena Park, driving toward his house, with a blue truck following him. Montemayor, whose wife and children were still at home,

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