P.

STATEMENT OF FACTS

On November 23, 2011, around 6:50 p.m., Byren Davis was on the phone with Margaret Johnston, his former fiancé. Davis dropped off a ring and cologne at Johnston's front door at 530 West Jackman Street, Apartment 327 in Lancaster, California. Davis placed the white gold ring with diamonds on top of the cologne box without placing it in any container. Loraine Garcia, Johnston's foster daughter, was 16 years old and living at Johnston's house on November 23, 2011. Before 6:30 p.m. on that date, Garcia was in the shower and did not hear the telephone ring or knocking at the door. Sometime after 6:30 p.m., Johnston called Garcia and asked her to get the ring outside of the front door. When Garcia opened the door, she did not see the ring or the cologne, but saw appellant and a woman talking near appellant's front door. Video of the area outside Johnston's door, captured on the apartment building's surveillance cameras, showed Davis dropping something off in front of Johnston's door at 6:51 p.m. At 6:53 p.m. the video shows Sergio Rodriguez1 and appellant at appellant's front door looking down the hall towards Johnston's…