Gomez

*988 Opinion

Introduction

A jury convicted defendant Tony Gomez of second degree murder. The defendant raises several issues on appeal.

Reviewing the record as we must for the version of the events which is most favorable to the People (People v. Jimenez (1978) 21 Cal.3d 595, 609 [ 147 Cal.Rptr. 172 , 580 P. 2d 672 ]), it discloses the following scenario:

The defendant was employed by Stevens Contractors and was assigned to work with Ron Kullins and Michael Shelton. Other employees Randy Hackleman and Paul Cotton were assigned to work together at a nearby site.

It was Shelton’s first day on the job and he borrowed defendant’s tools, including his insulation knife, off and on during the day. Defendant ran out of twine for the job he was doing and drove to where Hackleman and Cotton were working to obtain some twine from their truck.

As defendant started to drive off the tires of the truck spun and threw dust all over Hackleman and Cotton. Hackleman picked up some gravel rocks and threw them toward the truck and walked up to the driver’s side of the truck. He started cussing and telling defendant to get out of the truck. Defendant got out of the truck and Hackleman took two…