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P. v. Moisa CA5
Defendant shot the victim, Wallace Varela, in the early morning hours of August 25, 2013. At trial, the prosecution argued the shooting was premeditated and that defendant had the intent to kill. The defense argued defendant shot the victim in self-defense.
Prosecution
On August 25, 2013, Alberto S. and his brother, Wallace, went to a party in Lindsay at around 9:00 or 10:00 p.m. They were there for about 30 minutes and the police arrived. Alberto and Wallace then left the party and went to their cousin’s house. Their other cousin Mark heard about another party in Porterville; Wallace, Alberto, and Mark decided to go. As they were entering the house, an individual standing outside asked Mark about his hat, which made Mark uncomfortable. When they were inside the house, Alberto saw nine people in the living room who Alberto described as having the “demeanor” of “gang bangers” based on the way they talked, dressed, and acted. Defendant was among those nine people.

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