People v. Torres CA4/3

FACTS

One Halloween day, Torres was hanging out with C.B., who was his coworker and neighbor (the coworker), at the apartment complex where they lived in Mission Viejo. In the complex’s parking lot, they ran into another neighbor, C.D. The coworker, who knew C.D., introduced him to Torres. C.D. was throwing a party that night, and the coworker asked if he and Torres could come. C.D. said yes. Torres and the coworker left to buy alcohol and returned at 7:30 p.m. to C.D.’s apartment. They sat down on his couch and started drinking. They had purchased a 1.75 liter bottle of whiskey; each drank about half the bottle over the span of 60 to 90 minutes. They also smoked marijuana. At the height of the party, anywhere from 30 to 50 people were in or around C.D.’s one-bedroom, one-bath apartment. Throughout the night, many partygoers drank beer and smoked marijuana and were at varying levels of intoxication. According to several partygoers, Torres appeared

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 drunk. Finnegan, then 19 years old, had been drinking beer, maybe three to four, and was “a little bit buzzed.” The coworker didn’t know anyone at…