The People v. Tena CA2/6

FACTS AND PROCEDURAL HISTORY

In the late afternoon of February 16, 2010, Tena sold videotapes outside Santitos restaurant in Oxnard. Javier Orozco Rodriguez, owner of the restaurant, knew Tena and purchased several videotapes from him that day. Tena appeared to be intoxicated and had a "little bit [of] trouble walking . . . talking." He informed Rodriguez that he "had problems" with Candido Monge, an elderly homeless man who frequently patronized the restaurant. Tena described Monge as "a rat" and stated: "I am only telling you what will come to pass."

1 All further statutory references are to the Penal Code unless otherwise stated. References to section 12022 are to the version in effect prior to January 1, 2012. While Tena and Rodriguez were conversing, Monge entered the restaurant and ordered dinner. Rodriguez stated falsely that Monge was his uncle, and asked Tena not to hurt Monge. Tena did not respond and walked away. Monge ate dinner and left the restaurant. Approximately 15 minutes later, he returned and shouted that he had been stabbed. Monge removed his jacket, revealing a knife handle protruding from his abdomen. He seized the handle, extricated the knife, and placed…