P. v. Cendejas
Filed 7/31/06 P. v. Cendejas CA1/1
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION ONE
| THE PEOPLE, Plaintiff and Respondent, v. RALPH A. CENDEJAS, JR., Defendant and Appellant. | A107186 (Contra Costa County Super. Ct. No. 5-030525-0) |
A jury found defendant Ralph A. Cendejas, Jr., guilty of the second degree murder of Jawstin Dewsbury, also finding true that defendant personally had used a firearm in committing the offense. (Pen. Code, §§ 187, subd. (a), 12022.53.[1]) Defendant was sentenced to a term of 15 years to life for murder and to a consecutive term of 25 years to life for the gun use.
Facts
On August 15, 2002, at approximately 11:00 o'clock at night, defendant was awakened by words being spoken on his front porch. Defendant testified that he heard two voices engaged in an angry debate, using profanity and talking about violence. At 11:02, he thought he heard someone coming through the blinds on a front window and called 911. He told the dispatcher that there was someone on his porch cursing. Defendant also told her that he was going to get his rifle, repeating several times that if someone stuck â€
