People v. Manzano CA4/1

STATEMENT OF FACTS

Appellate counsel has provided a statement of facts taken from our prior opinion. We will adopt that statement of facts for background information. “On June 9, 2002, at approximately 3:00 p.m., Mark C. (Mark), who was then nine years old, was home alone in the house in which he lived with his mother, Claudia M. (Claudia) and his siblings. Mark received a telephone call from Manzano. Manzano is Claudia’s ex-husband and he did not live

2 with Claudia’s family. Manzano told Mark he was coming over to the house. Manzano sounded angry. Mark did not want Manzano to come over because he was afraid of Manzano. Later, Mark heard banging at the front door. Mark looked out the window and saw Manzano, who was sweating and carrying a gun. Mark was scared, but opened the door. “Once inside the house, Manzano went to Claudia’s room. Manzano began to rip up photographs and ransack the room. Seeing the destruction, Mark began to cry. Manzano angrily told Mark to go to his room. After Mark had gone to his room, Manzano came into Mark’s room. Manzano began to cry and told Mark he was going to kill Mark’s mother and that if she did not return home, he would kill Mark. Mark was…