People v. Penesa CA2/7

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3 into her room. Maria dropped to the floor and stayed on the telephone with the 911 operator. Judy then got on the call and said, “I have been shot.” Maria stayed on the telephone with Judy and the 911 operator. Maria heard Judy moaning; then the moaning stopped. The police arrived and assisted Maria in fleeing the house. The police found Judy’s body lying face up in the rear of the kitchen by the back door. She had wood splinters in her hair consistent with wood fragments that were found in the bathroom. An autopsy performed on Judy found 21 shotgun pellets in her body. The deputy medical examiner opined at trial the cause of death was a shotgun wound to the chest. The following day Maria returned to her home and observed that her television was missing. Virginia Trujillo, who lived about three houses from Maria, was watching television at around 1:00 in the morning when she thought she heard fireworks. She looked out her front window and saw two men run from the direction of Maria’s house to a small, black car that looked like the car depicted in a photograph of Penesa’s father’s car. A third man carrying a small television followed, and the three men left in the…