In re Fernando R. CA4/3

FACTS

Nickolas Vera was relaxing on his front porch when he noticed two men smoking marijuana on the sidewalk in front of his apartment. Because a child’s birthday party was occurring nearby, Vera approached the men and asked them to leave. As he was doing so, appellant crossed the street and began to yell and curse at him. Vera told appellant he didn’t want any trouble and began walking back to his apartment. Rather than letting things be, appellant ran up to Vera from behind and struck him on the side of his face. Describing the blow at trial, Vera said appellant “got me with his right hand to the right eye.” At another point, he said the punch landed “on” his eye. Although Vera was startled by the blow, it did not cause him any physical injury. When he looked up, appellant was making gang signs with his hands and challenging him to fight. Vera departed. Vera returned to his apartment to get help from his uncle. When they emerged from Vera’s apartment, they were confronted by a group of men. The men pulled Vera to the ground and began hitting and kicking him. They did not relent until someone yelled the police were coming, at which point they all fled. Vera was unable to…