People v. Garcia CA2/4

FACTS

A. Prosecution Evidence In June 2012, appellant lived in an apartment with his girlfriend, Perla G. Also residing in the apartment were Jorge Hortencio Valladares and Jesus Antonio Diaz.2 Appellant and Perla shared a bedroom, and Valladares and Diaz slept in the living room. Appellant was 21 years old, weighed 150 lbs, and was 5 feet 5 inches tall. Valladares was 67 years old, weighed 92 lbs, and was five feet tall. Diaz testified that on the evening of June 1, 2012, he bought some beer and brought to it to the apartment, where appellant, Valladares, and Perla were present. The men played cards and drank beer. During the card games, Valladares used a knife to cut lemons for the beer. At approximately 11:00 p.m., Diaz and Valladares retired to their beds, and appellant went into the bedroom. Sometime later, Diaz heard appellant and Perla arguing in the bedroom. After threatening to hit Perla, appellant left the bedroom. When Valladares told appellant not to hit her, appellant threw bottles and a DVD player at him. The two men then began to fight. According to Diaz, Valladares had no weapon. Diaz tried to calm appellant, who returned to the bedroom. Diaz concluded that the…