People v. Runnels CA4/2

BACKGROUND

1. The circumstances leading to defendant’s conviction

The background leading up to defendant’s petition for resentencing is taken from

the record on appeal and our opinion issued on his appeal from the judgment. (People v.

Runnels (Apr. 3, 2014, E055824) [nonpub. opn.] (Runnels I).)

On December 31, 2008, defendant and his girlfriend, codefendant Lucia Martinez

(Martinez), were staying in their cabin in Poppet Flats with a guest (the witness).

Defendant telephoned the victim and invited him to come over and celebrate the New

Year. After the victim arrived, the group went out together to purchase liquor. When

they returned to the cabin, the group (except, perhaps, the witness) began drinking. At

one point, when defendant was in the kitchen, the victim tried to dance with Martinez by

putting his hands on her hips. She pushed him away and went into the kitchen.

Two minutes later, defendant and Martinez came out of the kitchen and defendant

took the victim into the bedroom and closed the door. They were joined several minutes

later by Martinez, who did not stay in the bedroom the entire time. The witness heard

thumping noises coming from the bedroom and, not…