People v. Davis CA2/3

BACKGROUND

Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. 1. Prosecution evidence. On December 15, 2011, Derrick Powell, a transient, was walking down San Pedro Street pushing his shopping cart. The cart contained eight wooden pallets Powell hoped to sell and some bottles and cans he intended to recycle. Defendant Davis approached, accused Powell of stealing his bottles and cans, and started punching him. Powell punched him back. The fight only lasted a few minutes. Davis then walked away after Powell pulled out a knife and let Davis see it. Powell resumed walking down the street, assuming the fight was over. But when he glanced over his shoulder, he saw Davis coming at him with a six-foot metal pole. Davis struck Powell in the chest hard with the pole, knocking him onto his back. As Powell hit the ground, his knife fell out of his sweatshirt pocket. Powell began running away and shouting for help. Davis dropped the pipe, picked up the knife and chased Powell, who tripped and fell. Powell pleaded with Davis to leave him alone, but Davis replied, “I am going to kill you.” Davis…