People v. Duvall CA3

BACKGROUND

An information charged defendant with a single count of murder. (Pen. Code, § 187, subd (a); count 1.)2 The information further alleged that, in committing the murder, defendant used a deadly and dangerous weapon (§ 12022, subd. (b)(1)), and that he had sustained a prior strike conviction (§ 1170.12). The Trial⎯The Prosecution L.N. lived in a house in Dana in Shasta County. L.N’s niece, K.C., occasionally stayed at the house as well.3 K.C. and defendant had a sexual relationship, but she was not his girlfriend. On June 20, 2021, K.C. and defendant encountered N.W., whom they knew, in Burney, and they all went in N.W.’s car to Fall River Mills. Defendant got out of the car at the Fall River Lodge. N.W. agreed to take K.C. home while defendant remained at the lodge. K.C. and N.W. arrived at the house in Dana at 10:30 or 11:00 p.m., and they went to bed at 12:30 or 1:00 a.m.

Undesignated statutory references are to the Penal Code. K.C.’s preliminary hearing testimony was read into the record because she was not available at trial.

2 Meanwhile, R.W. encountered defendant in Fall River Mills, and defendant asked him for a ride to K.C.’s house to retrieve his…