People v. Puentes CA1/4

BACKGROUND

I. The Trial

The shooting occurred at the apartment of Melissa F. in 2005.2 People in the room included Melissa F., Matt M., Max R., Puentes, Chavez, and the two victims—Girmai, who was killed, and Rafael C., who was injured by a bullet that passed through his wrist and struck his shoulder. Because Matt M.’s testimony largely framed the prosecution’s presentation of evidence, we

2 We refer to certain individuals by their first name and last initial in

accordance with rule 8.90 of the California Rules of Court. 2 rely primarily on his account to describe the prosecution’s case. Matt M. noted, however, that he “was drinking a lot that night,” he had been smoking marijuana and probably used cocaine, and he had trouble remembering the details. A. Matt M.’s Testimony Matt M. left Melissa F.’s apartment with two young women and ran into Chavez (whom he considered a friend) and Puentes near a restaurant parking lot. In the parking lot, Puentes got into the car with the two women and Matt M. got into Chavez’s car. Matt M. and Chavez discussed returning to Melissa F.’s apartment to try to “squash” a disagreement that had built up between Chavez and Girmai in the past…