People v. Moreno CA1/5

BACKGROUND

The Events of January 18 and 19, 2019 On January 19, 2019, appellant brought his girlfriend, Yanina Elizabeth Olivarez Narez (Olivarez), to the hospital. Olivarez was nonresponsive with numerous bruises and red marks all over her body, including to her head and face. She died soon thereafter from blunt force

Undesignated statutory references are to the Penal Code.

1 injuries to her head. A blood sample taken before her death tested negative for alcohol and drugs. Appellant told police Olivarez seemed fine when he left their apartment about 2 p.m. the previous day. He did not know what her plans were for the rest of the day but thought she would probably go out with a friend. Appellant had been with someone named Alan; appellant told police he did not know Alan’s last name or phone number, but a search of appellant’s phone showed text messages between them from January 18. Appellant told police he and Alan went to a bar and drank there until about 2 a.m., when they went to someone else’s house and continued drinking until appellant fell asleep. In the morning Alan drove appellant home, where he arrived about 9 a.m. Appellant found Olivarez lying in bed with a pool…