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The People v. Manuel Alvarado-Guerrero

July 7, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
MANUEL ALVARADO-GUERRERO, DEFENDANT AND APPELLANT.



Super. Ct. No. 08F08406

The opinion of the court was delivered by: Mauro J.

P. v. Alvarado-Guerrero CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Appointed counsel for defendant Manuel Alvarado-Guerrero asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We find no arguable error and no issue regarding presentence credit. We will affirm the judgment.

I

On October 8, 2008, defendant and some relatives gathered outside their apartment and drank beer. Victim Rodolfo Nunez joined the gathering.

Later that evening, Nunez appeared on the porch outside the apartment defendant shared with his wife, her sister, and the sister's husband Juan Vargas. Nunez asked to use Vargas's phone and took the phone outside. Vargas told Nunez not to converse too long because the phone belonged to his employer. When Nunez kept talking on the phone, Vargas demanded that he return it. Nunez told Vargas to wait. Vargas elbowed and kicked Nunez and recovered the phone.

Vargas reentered the apartment, followed by Nunez. Vargas ordered Nunez to leave. When Nunez refused, Vargas pointed a pistol at him. Defendant and Vargas chased Nunez away, but Nunez warned that he would be back. Nunez ran back to the liquor store.

Defendant and Vargas discussed Nunez. At defendant's suggestion they drove to the liquor store, watched Nunez for a while, and then returned to the apartment. Defendant told Vargas he was going out again to look for Nunez. Defendant had a kitchen knife in his hand.

When defendant returned to the apartment he was covered in blood. One of his hands was swollen at the knuckles and the fingers were lacerated. Defendant told Vargas he "killed a guy." Vargas knew he meant Nunez. Defendant cleaned himself and changed clothes.

The next morning, defendant explained to Vargas how he found Nunez and how, after stabbing Nunez in the neck, they fought until he stabbed Nunez in the stomach and kicked him. Defendant told Vargas that he used the kitchen knife and threw it away before he returned to the apartment.

Later that morning defendant told Enrique Cabrera that he killed Nunez. Defendant said he approached Nunez, cut his "main vein," and stabbed Nunez in the stomach. Nunez begged defendant to stop, but defendant continued to stab him. Then he kicked Nunez.

Anthony Fletcher found Nunez's body near a dumpster. Police found blood spray and additional blood on the ground near the body. Forensic examination of the body showed numerous sharp force injuries to the back, neck, ...


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