People v. Alcalde CA2/8

FACTS

A. The People’s Case Viewed in accordance with the usual rules on appeal (People v. Zamudio (2008) 43 Cal.4th 327, 357-358 (Zamudio)), the evidence established that in December 2011, defendant lived with his father, David Alcalde (Alcalde Sr.), on the 1600 block of Crenshaw Boulevard, in Torrance. At the time, Javier Vicencio was the general manager and partial owner of a gas station and mini market located two doors south of the Alcalde home, on the corner of Crenshaw and Carson Boulevards. Sometime prior to December 7, 2011, a business dispute caused Vicencio to forbid defendant from being on the gas station premises. Assault victim Brian Willett had worked at the gas station since 2007. Over the years, Willett had become friendly with Alcalde Sr., who was a frequent customer at the gas station. Willett knew defendant as both a customer and as Alcalde Sr.’s son. He knew that defendant was not allowed on the premises. Willett was on duty the evening of December 7, 2011. At about 6:10 p.m., Willett and Alcalde Sr. were sitting on the tailgate of Willett’s truck, which was parked in view of the gas pumps and store, smoking and talking. When defendant got off the bus at a…