P.
P. v. Pereira CA3
Opinion
Opinion
FACTS AND PROCEEDINGS
On October 10, 2011, Broderick C. drove his mother‟s van to the Circle 7 store at the intersection of Watt Avenue and Marconi Avenue to buy iced tea and cigars. As Broderick C. left the store, defendant came up and took a swing at him. Broderick C. put up his fists in a defensive position while defendant ran at him and continued swinging. Broderick C. punched defendant in the face, knocking him to the ground. Defendant got up, grabbed Broderick C., and dragged him towards another car, where they both fell to the ground. Broderick C. was on top of defendant and defendant yelled for someone to get Broderick C. off of him. Codefendant Eric Chiprez got out of the driver‟s seat of the car, Chiprez hit Broderick C. and pulled him off of defendant. Defendant stood up and commenced to kick Broderick C. while Chiprez stood by his car. Defendant eventually pulled off Broderick C.‟s sweatshirt, causing Broderick C.‟s keys, cell phone, iPod, and wallet to fall on the ground. Defendant stopped the assault after the store‟s clerk threatened to call the police. Broderick C. stood up and saw codefendant Felicia Vasquez holding a handgun while sitting in the front passenger…