Rivera

People v. Rivera

Good Law
133 Cal. Rptr. 3d 721·201 Cal. App. 4th 353·2011 Cal. App. LEXIS 1499
Court of Appeal of CaliforniaNovember 30, 2011No. A130421California4,855 words

Opinion

Lead Opinion

Dondero, J.

Defendant was convicted following a jury trial of first degree murder (Pen. Code, § 187), grand theft (Pen. Code, § 487, subd. (a)), first degree residential burglary (Pen. Code, § 459), and arson of an inhabited structure (Pen. Code, § 451, subd. (b)). In this appeal he claims that the trial court erred by admitting evidence of a reenactment of the homicide. We conclude that harmless error was committed, and affirm the judgment.

STATEMENT OF FACTS

Defendant did not dispute that he killed the victim, Ted Neff, by strangling him in his three-level townhouse on Bustos Place in Bay Point on the night of *357 December 3, 2008, then set fire to his residence. The crucial issues at trial were defendant’s intent associated with the homicide and the subsequent theft of items from the victim’s residence.

Neff was gay and used craigslist to seek companionship and sexual relations. He was also an accomplished flautist, who owned a cherished solid gold Nagahara flute and a sterling silver flute.

Defendant advertised massage, escort and sexual services on craigslist. Neff contacted him, and in the middle of 2008 they began a sexual relationship that evolved into a friendship.…

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