People v. Gatica CA4/3

FACTS

For informational purposes, we repeat the relevant facts from the prior appeal in this matter, People v. Gatica (May 11, 2004, G031008) [nonpub. opn.]. As of September 7, 2000, the defendant lived with his girlfriend, Maria Munoz, and her adult son, Carlos Cervantes, in an Anaheim apartment. Late that afternoon, a neighbor heard a man and a woman arguing in the apartment. As she walked by, she saw the defendant standing over Munoz, who was on the floor. The neighbor

Subsequent statutory references are to the Penal Code.

2 saw the defendant drag Munoz from the kitchen to the bedroom, and heard her call for help. When Cervantes arrived home shortly thereafter, he saw stains on the carpet, and then found the bedroom door was locked. He forced open the door and found his mother lying on the carpet with blood all over her body. He saw a wound on her neck and another on her stomach. The defendant was lying on the carpet next to Munoz. Munoz had no pulse, but the defendant was breathing. “Cervantes also saw two knives on the floor, and recognized them as kitchen knives. Cervantes called 911. Officer Priscilla Delgado responded, and saw bloodstains on the carpet, as well as a…