People v. Quinones CA4/1

STATEMENT OF FACTS

At about 10:00 p.m. on January 7, 2014, appellant entered a 7-Eleven store in

Chula Vista. Raymond Warner was the clerk on duty at that time. Warner refused to sell

appellant a bottle of wine because appellant appeared intoxicated and belligerent.

All further statutory references are to the Penal Code unless otherwise specified. 2 After appellant left the store, Warner continued to watch him through the store

window. When Warner went outside he saw appellant next to the store's dumpsters and

observed that appellant had two wine bottles, one of which was broken. Warner called

9-1-1.

Warner next observed a customer, later identified as Efrain Acosta, walking

toward the store. At that point Warner saw appellant run up to Acosta and "got into his

face." Acosta repeatedly told appellant to back off and leave him alone. Warner made a

second call to police.

Another customer, Curtis Howrey, was sitting in his van when the events in this

case took place. Howrey also called police. Howrey observed appellant yelling at

Acosta and then saw Acosta pull out a knife, waive it in the air and yell at appellant to

back off. Acosta then went into the…