People v. Mosqueda CA3

FACTS AND PROCEEDINGS

Burglary of Mayra’s House and Attempted Robbery Mayra lived in a one-story house in Sacramento with her mother and her friend Anna. They each had separate bedrooms. At around 3:00 a.m. on February 24, 2019, Mayra heard glass breaking. Her mother began screaming immediately after the sound of the glass breaking. Mayra sent Anna a text message asking if Anna had heard the noise; Anna replied that she thought someone had broken into the house. Mayra then heard footsteps down the hall and a man’s voice say, “If anybody moves I’ll kill you.” She called 911; the call was played for the jury. On the 911 call, Mayra said the man “has my mom (unintelligible).” She also said, “I hear (unintelligible) trying to open that door.”

1 Further undesignated statutory references are to the Penal Code.

2 But while Mayra heard footsteps coming up and down the hallway, she did not see a person in the house.2 Other than the sound of footsteps coming up and down the hallway, Mayra did not hear the perpetrators make any other sounds. None of the house’s residents left their bedrooms until law enforcement arrived and said it was safe to do so. A side gate had been opened and led to…