The People v. Mandujano CA2/5

FACTS

Johnson was asked by Rosie Duran, with whom he lived in an apartment along with her family, to talk to a friend named Ismael, whose son had been inhaling dangerous gases. Johnson walked one block to where Ismael lived, where he came in contact with defendant and others. Defendant accused Johnson of having an affair with Nicholwaia Butler, the wife of their recently deceased friend, which Johnson denied. Defendant punched Johnson in the eye, after which a fight ensued with Johnson, a much larger man,

All statutory references are to the Penal Code, unless otherwise stated. 2 The trial court dismissed the great bodily injury allegation and a prior prison term finding pursuant to section 1385. Sentencing on the additional firearm use findings was stayed under section 654.

2 gaining the upper hand by placing defendant in a choke hold. The fight ended when another man intervened. Johnson left the area, walking in the direction of his apartment. Johnson stopped along the way at Syllia Camacho’s apartment to ask for a cigarette, telling her he had just fought with defendant, whom he called “Rigo.” After leaving Camacho, Johnson unsuccessfully asked several others on the…