People v. Alardin CA5

INTRODUCTION

On March 7, 1999, Robert Ybarra was standing outside a market in the small community of Grayson in Stanislaus County. A vehicle stopped near the market, a masked person got out of the front passenger door with a shotgun, and the gunman fired multiple shots into Ybarra’s head and upper torso. Ybarra died at the scene. Appellant Juan Manuel Alardin (appellant), and codefendants Felipe Solorio (Felipe) and Jeffrey Muniz, were charged with first degree murder. Felipe evaded arrest and was not apprehended. Muniz entered into a negotiated disposition and pleaded guilty to assault with a deadly weapon in exchange for his testimony against appellant. Miguel “Mike” Garcia was present during the murder and turned himself in to the sheriff’s department shortly after the shooting; he was later released from custody and not charged with any offenses in exchange for his testimony against appellant. In 2001, appellant was tried for murder. Based on testimony from Garcia, Muniz, and the victim’s friends, the prosecution introduced evidence that appellant, Felipe, Muniz, and Garcia were in the car, Muniz supplied the shotgun, Felipe was driving, appellant was the gunman, and the…