People v. Lopez CA5

Facts - Prosecution Case On June 14, 1998 (June 14), Arturo Cortez (Arturo) and his cousin, Miguel Cortez (Miguel), went to Brennan Park (the park) in Oakdale where they sat talking and drinking beer. They were subsequently joined by appellant and Manuel Duarte, who arrived together in a van, and later by Manuel Ornelas, who rode a bicycle to the park. At some point, an argument broke out. Miguel testified Duarte and Ornelas began arguing, and appellant ―butted into the argument.‖ Arturo testified appellant started the argument with Ornelas. Arturo further testified appellant claimed Ornelas owed him $150.00, asked Ornelas when Ornelas was going to pay him, and kicked Ornelas. Thereafter, appellant and Duarte left in the van and, according to Arturo‘s testimony, as they were leaving, appellant said he was going to come back and kill Ornelas. Appellant and Duarte took Ornelas‘s bicycle with them in the van; Miguel testified appellant and Duarte said they were taking the bicycle ―in payment of what [Ornelas] owed them.‖ Appellant and Duarte later returned in the van—approximately 20 minutes to one half hour later according to Miguel, and 90 minutes later according to Arturo.…