People v. Escamilla CA4/3

FACTS

A. Altercation: Defendant demanded that Hernandez pay him certain money he believed he was due. Hernandez, who did not believe he owed any money at all, paid defendant part, but not all, of the money he wanted. For the next two weeks, defendant continued to make daily demands for the remainder of the money he sought. Finally, Hernandez told defendant he was not going to pay him any more money. The next day, defendant knocked on Hernandez’s door. When Hernandez opened the door, defendant pushed him inside with one hand, while stabbing him in the abdomen with the other hand. Defendant tried to stab Hernandez five or six more times before he fell to the floor. Amanda Cobian, Hernandez’s girlfriend, opened the bedroom door. Hernandez got up to try to close the door, so Cobian would not get hurt, but he was pushed from behind and landed face down. Hernandez was able to get up again, and he sustained additional, less severe cuts as defendant continued stabbing at him. As the

All subsequent statutory references are to the Penal Code unless otherwise specifically stated.

2 altercation continued, defendant pushed Hernandez, who hit the wall and then the floor.…