People v. Nunez CA2/1

FACTS AND PROCEEDINGS BELOW

On May 6, 2021, Nunez and his girlfriend, Sandy T., took a train from their home in San Bernardino to Los Angeles. Leon picked them up and drove them to another location where Nunez had left his white Porsche SUV. Nunez and Sandy drove back to Leon’s home in the SUV, arriving at around 5:30 p.m. According to Sandy, Nunez and Leon were friends, and they “smok[ed] weed and wax” together that afternoon. There was a gun on Leon’s table, and Sandy saw Leon playing with it or handling it. Around 6:50 p.m., the three went out to get food, returning about 20 minutes later. Later that evening, a neighbor, Javier B., was sitting in the driver’s seat of his van, which was parked on the street outside Leon’s home, when Nunez left the house and walked toward the white SUV. The SUV was double-parked on the street near Javier’s van, and Nunez asked Javier if the SUV was in his way.

1 Unless otherwise specified, subsequent statutory references are to the Penal Code.

2 Javier said it was not. Nunez opened the door of the SUV, took out an object, and went back inside. Javier was not paying close attention and did not see what the object was. Soon afterward, Sandy was…