People v. Murphy CA3

I. BACKGROUND

We set forth the facts of this case in our unpublished opinion affirming the judgment on direct appeal in People v. Murphy (April 24, 2001, C029954) [nonpub. opn.] (Murphy). R.F., her sister M.F., and her boyfriend T.B. checked into a motel. There, they met the victim, Jeffrey Stetka, who was staying in a room nearby. (Murphy, supra,

C029954.)

Defendant and his friend, Aaron, joined R.F. and T.B. at the motel. The four went to Stetka’s room, rummaged through his stuff looking for a gun, and took some of his clothes. (Murphy, supra, C029954.) Later that evening, Stetka joined the group in R.F.’s room. They drank and smoked methamphetamine. Stetka returned to his own room after he became intoxicated. After he left, defendant, Aaron, and M.F. hatched a plot to steal Stetka’s gun. R.F.

2 Defendant filed a timely notice of appeal on November 30, 2020, and the matter was fully briefed on May 11, 2022.

2 implored the group not to do this and went to Stetka’s room to urge him to leave the motel. Stetka was lying on his bed and would not get up. (Murphy, supra, C029954.) M.F. went to Stetka’s room to make sure he was asleep and to leave the door open for defendant and…