People v. Kwolek CA5

FACTS

Prosecution Evidence On August 26, 2011, Rosemary Flores met her boyfriend, Manuel Estrada, outside the county library in Hanford. Flores was on foot; Estrada was on his bike. Flores then noticed appellant with whom she wanted to speak. Appellant called out to her by her nickname, “‘Chocolate.’” Flores told Estrada to wait. She walked over to talk to appellant. She confronted appellant and told him to stay away from her daughter’s house. Estrada walked his bike to where Flores and appellant were standing. He told appellant

All further statutory references are to the Penal Code unless otherwise noted. People v. Superior Court (Romero) (1996) 13 Cal.4th 497.

2. to get in his truck and leave. At this time, Estrada and appellant were standing near the front end of appellant’s white Suburban truck, which was facing south in one of the parking spaces in the library parking lot. Appellant told Estrada, “‘I wouldn’t be standing there if I were you’” and then got into his vehicle. Estrada turned around and walked his bike toward Flores. As he did so he heard a truck’s engine revving behind him. When he looked back, he saw the vehicle “coming at [him].” He then…