In re D.F. CA5

FACTS

A. Prosecution Evidence This appeal arises from appellant‘s involvement in two separate incidents on the night of June 5, 2012, at the Bob Belcher Park on Alluvial Avenue in Fresno. 1. The First Incident (Counts 4 & 6) The first incident occurred around 7:00 p.m., after the victims, Mark Crenshaw and Nicholas Macias, met up with an acquaintance, Blair Stevens, at the park. At some point, Crenshaw and Macias went to the field area of the park, where they were approached by appellant, his codefendant, S.C., and a third, unknown male. Appellant and S.C. started insulting Crenshaw; S.C. said his lip piercings were ―gay‖ and appellant said his shoes were ―dirty and messed up.‖ Crenshaw tried to tell them he did not want any problems. When they continued insulting him, Crenshaw and Macias turned around and started to walk away. As Crenshaw and Macias were walking down the field towards Alluvial Avenue, appellant, S.C., the third male, and a fourth, unknown male started following them.

Further statutory references are to the Penal Code unless otherwise specified. The court dismissed a second assault charge (count 5) pursuant to Welfare and Institutions…