People v. Villegas CA2/2

FACTS

Prosecution Evidence On September 18, 2012, Jerrek Wooden and Kameyah Simms were approached by two Hispanic men, later identified as defendants, who wanted to “hook up” with a woman. Simms was willing to go with one of them but not both. She became frightened of them and did not want to get in their van, although they had given her $20. Wooden and Simms decided to leave, taking the money with them. They began to walk away, but defendants were persistent and followed them, one on foot and the other driving the red van. Wooden and the man on foot, Rosales, exchanged words and then got into a fight. Wooden hit Rosales and “split his face,” and Rosales was very angry. He got back in the

All further statutory references are to the Penal Code. Defendants were tried along with a third defendant, Claudia Valencia, who is not a party to this appeal.

2 van and the van followed Wooden and Simms. At one point, the driver, Villegas, tried to hit Wooden with the van. In an attempt to get away from defendants, Wooden and Simms went over a wall on the side of the Burger Palace parking lot and entered an abandoned house. After they got over the wall, Simms heard someone…