Garcia

BACKGROUND

We summarize the pertinent facts, which are taken from our prior opinion. (Garcia I, supra, C020253.) At about 3:00 p.m. on October 12, 1993, Regina and Todd Nishihara (collectively, the Nishiharas) saw defendant drive by and flagged him down for a ride. Defendant, who was an acquaintance of the Nishiharas, agreed to give them a ride but explained he had to make a stop on the way. As defendant pulled into an alley, the Nishiharas saw a “tall, Caucasian man in his mid-thirties.” (Garcia I, supra, C020253.) Defendant drove down the alley and stopped about 75 to 100 feet from the house where 82-year-old Joseph Souza lived. Defendant asked Mrs. Nishihara to knock on Souza’s door, ask for water, and look around the house to see if anyone else was present; she refused. The Nishiharas got out of the car and began walking out of the alley. Mrs. Nishihara last saw defendant at the back door of Souza’s house.

3 As the Nishiharas left the alley, Mrs. Nishihara saw the “Caucasian man” she had seen earlier approach defendant and ask him for “something.” (Garcia I, supra,

C020253.)

Between 3:00 and 4:00 p.m., another witness saw defendant and Souza on the front porch of Souza’s…