Machado

FACTS AND PROCEEDINGS BELOW

A. 1981 Murder and Trial2 During the afternoon of February 9, 1981, John Costantino left his house to walk his dog. He returned 15 to 20 minutes later. As he entered the house, which he shared with his roommate James Galvan, Costantino was grabbed, thrown to the floor, and hit on the back of his head with the butt of a gun. His head was covered by a serape, and his hands and feet were tied. During the assault, Costantino heard two voices. One voice demanded “la coca,” meaning cocaine. One demanded money from Costantino and took his wallet, containing $37, from his pocket. Costantino lost consciousness when one of the assailants stepped on his head. On regaining consciousness, Costantino saw the entire house was “torn up” and he found Galvan lying, face- down, on the floor. Galvan had suffered a gunshot wound to his back. He died from the wound. Based on investigation, in June of 1981, Machado and a companion, Alfred Rodriguez, were charged with the murder of Galvan (§ 187), as well as two counts of robbery (§ 211), one count of burglary (§ 459), one count of assault with force likely to cause great bodily injury (§ 245, subd. (a)), and one count of…