The People v. Anderson CA2/2

FACTS

Prosecution Evidence On April 12, 2011, Ferraria Radley went to the Game Sports Bar to celebrate her birthday with her aunt and her sisters, Cora and Jennifer. A club promoter whom

1 All further references to statutes are to the Penal Code unless stated otherwise. 2 Defendant was tried along with a codefendant, Uniqua Adams, who was convicted only of simple battery in violation of section 242, subdivision (a) as a lesser included offense of the aggravated assault charge in count 3.

2 Ferraria3 knew invited her and her party to enter the VIP room at the club. There, he introduced Ferraria to defendant and Uniqua Adams, who was with defendant. Defendant was holding a bottle of Moet champagne from which he was drinking, and he had purchased other bottles of champagne that he was sharing with the other people in the room. Defendant was much more talkative than Adams and spoke to everyone in the room. Ferraria drank approximately three glasses of champagne in the two hours she was at the club. Defendant brought up the subject of continuing on to the Starz club. Ferraria‟s sisters did not want to go. Ferraria decided to go the Starz club with defendant and Adams. The…