People v. Mendez CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Facts of the Offenses In 2011, defendant was living in an apartment complex in the City of San José. He was scheduled to be evicted on August 15, 2011. The incident at issue in this appeal occurred on August 12, the same day the victim, Ben Robert, began serving as the new manager of the apartment complex. Defendant, while under the influence of methamphetamine, yelled belligerently at Robert, challenged him to a fight, and threatened him after Robert called the police. Robert testified that he had been a resident at the apartment complex for about 10 years. In June 2011, defendant began exhibiting belligerent behavior around the complex. On Friday and Saturday nights, he would run around the pool area, yelling at neighbors and “calling everybody faggots.” When Robert told defendant to be quiet, defendant told him to “Get your ass back in the house. You can’t talk to me like that.” On at least four occasions, defendant called Robert a “faggot” or a “got” and told him “I’m going to kick your ass.” On occasions when defendant continued yelling for an extended period of time, Robert called the police. On at least three occasions in June, other…