People v. Xum CA2/2

BACKGROUND

On November 6, 2014, defendant lived in an apartment with the victim, Francisco Sac (Sac) and with Sac’s brothers Manuel and Antonio.2 That night, defendant and Sac went to McArthur Park, approximately three blocks from their apartment, and drank beer. They eventually headed home. As the two men approached their apartment, defendant suddenly ran off. He later emerged between some parked cars with his hands behind his back. Defendant had an angry expression on his face but Sac did not think defendant was angry at him. The two men had a good relationship and they had not argued or fought. Defendant said “I’m going to kill you” and revealed that he had a knife and a pitchfork in his hands. Sac recognized both the knife and pitchfork as kitchen implements he and his brothers used in their apartment when cooking. The knife was approximately 12 and a half inches long

All further statutory references are to the Penal Code, unless stated otherwise.

Because Sac’s brothers share his last name, we refer to the brothers by their first names to avoid confusion.

2 from the tip of the blade to the bottom of the handle. The pitchfork was 11 and a half inches long.…