People v. Corzo and Figueroa CA2/4

BACKGROUND

Prosecution Evidence On February 1, 2012, around 6:00 p.m., J.D. Kelley was walking through a park in Sherman Oaks on his way to a store.2 Kelley saw two Hispanic men, later identified as appellants, fighting with Dunlap.3 Dunlap was disoriented and trying

1 All undesignated statutory references are to the Penal Code. 2 Kelley’s preliminary hearing testimony was read at trial because he was found by the trial court to be unavailable. 3 Kelley identified appellants in “field showups” conducted by the police.

2 to get to his feet while appellants kicked and punched him. One of the Hispanic men was holding a crowbar. He approached Kelley and said, “What’s up?” Kelley told him to go home and said he would “trash” appellants if they did not. Appellants spoke to each other in Spanish and started backing away. Kelley continued walking to the store. James Uloth and Mark Fry were walking through the park on February 1, 2012, around 6:00 p.m. They saw an African American man, later identified as Dunlap, walking toward them. They thought Dunlap was drunk or homeless, so they avoided him. After passing Dunlap, Uloth and Fry heard shouting behind them. They turned around and saw…