P.

FACTS

Prosecution Evidence On September 18, 2009, Brigitte Villarreal was at her home in the City of Hawthorne. At approximately 3:00 a.m., she heard her dog growling and barking while looking out the window. Brigitte looked out her bedroom window and saw a person, who appeared to be a man, on her lawn. The man appeared to be kneeling and hitting the ground or punching something. She also saw the man make another movement, which she later described as a swaying back and forth. She thought that someone was having sex on her lawn. A few seconds later, Villarreal saw the man dragging a body to the corner of her lawn. Villarreal called 911. She was concerned because she heard “noises

All further references to statutes are to the Penal Code unless stated otherwise.

2 over and over again, like somebody being punched really loud.” After the police arrived, Villarreal went outside and saw a woman in her underwear lying on the lawn. Hawthorne Police Officers Sean Judd and Ian Elliott responded to the call at Villarreal’s home. As Officer Judd approached the address, he saw a bicycle lying on the sidewalk. He then saw defendant fighting with someone farther down the street.…