In re A.K. CA1/5

I. BACKGROUND

A. Facts and Prior Appeal2 The following facts are taken from our opinion in Battersby:3 We have only included those facts relevant to this appeal. “A. People’s Case “On December 2, 2016, victim [J.M.] met [L.L.], who allowed [J.M.] to sleep on his living room couch. At approximately 11:30 p.m., [J.M.] went to sleep. [¶] Around 5:00 a.m. on December 3, 2016, [J.M.] awoke, finding [E.B.] with his arm on [J.M.’s] chest and a knife to [J.M.’s] throat. [E.B.] threatened [J.M.]: ‘I'm going to kill you for what you've done to our family, what you've put me through.’ ([E.B.] was dating [J.M.’s] daughter, [Ji.M.].) “With his left hand, [J.M.] grabbed [E.B.’s] right hand, which was holding the knife; and with his right hand, [J.M.] grabbed [E.B.’s] testicles. [E.B.] tried to gouge [J.M.’s] eye out with his left hand. [J.M.] took the knife from [E.B.] and ‘put [him] on the floor,’ where the two fought . . . [¶] [L.L.] entered the living room, grabbed [J.M.], and asked [J.M.] what he was doing. [J.M.] replied that [E.B.] was ‘that piece of shit that I've been telling you about.’ [L.L.] let go of [J.M.], grabbed [E.B.], and kneed him in the face . . .

2 We…