People v. Ramos CA4/3

FACTS

One summer evening, Manuel Lara was drinking beer at a body shop operated by his friend, Flavio Vallejo. Ramos drove up and got out of his vehicle; he worked at the shop and wanted to discuss his schedule with Vallejo. Ramos walked towards Lara and “complain[ed] about something.” Ramos punched Lara. Lara threw a beer can at Ramos and kicked him. Ramos and Lara fought—they punched and kicked each other for a couple minutes. Ramos reached towards his back, pulled a knife out, and stabbed Lara in the abdomen. Ramos got back in his vehicle, and as he drove away, Lara smashed his windshield with a piece of wood. Lara approached Juan Rosales and said, “He stabbed me.” When Rosales saw the stab wound, he told Lara to go to the hospital. Lara called his friend, Martha Perez, who drove him to the hospital; Perez saw intestine protruding from the stab wound. The next morning, Perez picked up Lara from the hospital, drove him home, and cared for him, checking on him throughout the morning. That afternoon, Irma Olivares, Lara’s landlord, visited him. Lara was vomiting, and Olivares offered to take him to the hospital. She left him about 10:00 p.m. Olivares checked on Lara about 1:00…