People v. Rosas CA4/1

Filed 3/19/21 P. v. Rosas CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D078109

Plaintiff and Respondent,

v. (Super. Ct. No. RIF1200782)

MICHAEL PAUL ROSAS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Riverside County, Mac R. Fisher, Judge. Remanded with directions.

Nancy Olsen, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Arlene A. Sevidal and James M. Toohey, Deputy Attorneys General, for Plaintiff and Respondent.

FACTUAL BACKGROUND1 Defendant Michael Paul Rosas hosted a New Year’s Eve party in the parking lot of his apartment complex. Christian, a neighbor’s foster child, was angry with defendant because defendant had previously returned Christian to his foster home when he ran away. On the night of the party, Christian rode a scooter around the neighborhood, drinking alcohol and smoking marijuana. Christian became concerned defendant was looking for him so he enlisted the help of his brother Vincent. (Rosas, supra, D072623 at pp. 2–3.) When Vincent arrived at the party, he asked, “Who’s fucking with my brother?” Defendant’s friend then approached, in an effort to calm Vincent down. A verbal confrontation occurred between Vincent’s friend and defendant’s friend. In response to the confrontation, defendant walked up to the group, pushed his friend aside, pointed a gun at Vincent, and fired a single shot into his head. (Id. at pp. 3–4.) Defendant then directed a neighbor to dispose of Vincent’s body, which was accomplished by placing Vincent in the trunk of the neighbor’s car and dumping his body a few blocks away. Vincent died in the hospital six days later. (Id. at pp. 4–5.) PROCEDURAL BACKGROUND A Riverside County jury convicted defendant of second-degree murder.