People v. Martin CA4/2

I. FACTS

A. Prosecution’s Evidence

The issues raised in this appeal require only an abbreviated recitation of the

pertinent facts. To the extent a more detailed recitation is necessary, it will be provided

within the discussion of the issue.

On March 25, 2007, defendant and his friends went to a restaurant in Corona.

Also present was the victim, Joel Wright, along with his family and friends. One of

defendant‟s friends recognized Wright and indicated that Wright had previously

All further statutory references are to the Penal Code unless otherwise indicated.

2 “jumped” their “slow friend.” Defendant, who was drinking with his friend, became

“bothered” after hearing about Wright “jumping” his friend, and he began staring and

“maddogging” Wright and staring at the people he was with. Wright stood up and said,

“„What are you looking at‟” and shouted “„Norco.‟” Defendant walked over to Wright‟s

table and “chaos” erupted.

Defendant swung what appeared to be three or four fist blows toward Wright‟s

chest and abdominal region. One of the blows caused Wright to “just stop[],” as if “the

wind got knocked out of him.” While being removed from the restaurant,…