People v. Covarrubias CA2/2

FACTS

Prosecution Evidence On August 23, 2011, at approximately 7:00 p.m., Jermaine Marbuery was walking on West 58th Street in Los Angeles, going from his house to a mini-market. He saw defendant in front of defendant’s home, talking to two acquaintances, Stub and Jay. Marbuery knew defendant from growing up together. Defendant said hello to Marbuery, shook his hand, hugged him, and said, “You know you owe me.” Marbuery was caught off guard and angered by the statement. Marbuery had borrowed $15 from defendant about 10 years before, but Marbuery believed that defendant had stabbed his brother about 20 years ago. Defendant and Marbuery had words, and defendant challenged him to a fight. When Marbuery declined,

All further statutory references are to the Penal Code unless otherwise noted. The first trial resulted in a mistrial due to jury deadlock. In the second trial, defendant was acquitted of attempted murder (count 1), but the jury deadlocked on the remaining counts. The third jury found defendant not guilty of assault with a firearm (count 2) and possession of ammunition by a felon (count 4). Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess).

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