People v. Nunerly CA2/3

BACKGROUND

The original probation report indicated Michael Hunt (Hunt) and his family attended a family party at which the men were watching a football game.2 Appellant and his family were also in attendance. The men were apparently drinking beer. Hunt and appellant had been friends for a number of years as Hunt was a 17-year friend of

1 All further references to code sections are to the Penal Code unless otherwise designated. 2 The Los Angeles County Superior Court file for the instant case, entitled, The State of California v. Ca Nunerly, No. LA063209, has been transmitted to the court. This court takes judicial notice of the contents of the original probation report filed in the Ventura Superior Court on September 25, 2009. (Evid. Code, §§ 452, 459, subd. (a).)

2 appellant’s wife. Appellant and Hunt had a verbal altercation that became physical. During the melee, appellant punched Hunt three times in the face and forehead with his fist while wearing a ring, causing a laceration on Hunt’s forehead and contusions. After the punching, outside the residence, appellant approached Hunt with a .25-caliber Beretta handgun and threatened Hunt, using a racial epithet. Appellant also…