The People v. Udeh CA2/5

I. FACTS

A. Prosecution Evidence

In the early morning hours of August 27, 2011, Lamar Johnson went to the King Henry club to pick up his girlfriend Natima Montgomery and give her a ride home. Montgomery was employed as an exotic dancer at the club. Appellant was Montgomery‟s former boyfriend and was also at the club. After whispering something in Montgomery‟s ear, appellant turned to Lamar,2 punched him on the shoulder and called him a “bitch.” An altercation ensued between appellant and Lamar. Both men were thrown out of the club by security. Lamar went to his car and called his brother Antoine Johnson. The Johnson brothers met outside the club and drove to a nearby gas station to look for appellant and

1 All further statutory references are to the Penal Code. 2 Lamar Johnson and his brother Antoine Johnson both testified at trial. Because they share the same surname we refer to them by their first names. .

2 get a drink. While at the gas station, Lamar saw appellant. Lamar walked toward appellant and eventually stopped. Appellant reached into his vehicle and retrieved a taser gum. He “rushed” toward Lamar and lunged in an attempt to tase him. The two men fought and,…