People v. Moreno CA4/2

I.

INTRODUCTION

Defendant and appellant David Joseph Moreno cut A.F.’s neck, sliced J.V.’s throat

from ear to ear, and confronted A.R. while holding a steak knife in his pocket. He argues

(1) the trial court erroneously declined to instruct the jury on self-defense; (2) insufficient

evidence supports his conviction for assaulting A.F. with a deadly weapon; and (3) the

trial court improperly instructed the jury on his flight from the crime scenes. We reject

defendant’s contentions and affirm the judgment.

II.

FACTUAL AND PROCEDURAL BACKGROUND

While in De Anza Park in Ontario, defendant encountered A.F., and asked him,

“[W]here you from? What you doing in my neighborhood?” A.F. responded, “I don’t

gang-bang,” and told defendant to leave him alone. Defendant replied, “stay the f—k out

my neighborhood.”

According to A.F., defendant then pulled out “some kind of hatchet.” A.F. was

not sure what the object was, but described it as a “weird looking tool” with a sharp metal

blade and teeth. A.F. thought it may have been a kitchen knife or a “chisel-type tool.”

A.F. testified that defendant grabbed his arm, yanked him close, and swung the object at

his neck. A.F. dodged…