Ramirez

I. BACKGROUND

A. Jury Trial: Case No. 17CR001723 1. Prosecution’s Case On January 10, 2015, Dexter Barnett was with his children. They had gone to get haircuts and then walked to the corner store to get snacks. While in the store, Barnett and defendant got into an argument. Barnett’s son remembered that it started when Barnett said something like, “ ‘What are you looking at[?]’ ” Defendant did not initially respond, “[h]e just kept smiling at [Barnett].” Barnett said, “ ‘Are you just going to keep 2 smiling . . . .’ ” Defendant responded, “ ‘Look. I’m just here to buy a beer . . . I don’t want any problems.’ ” Defendant paid and left the store. Barnett and his sons paid and left too. Barnett and defendant continued to argue outside the store. Defendant asked Barnett where he was from. Barnett said he was from Seaside. Defendant responded, “ ‘This is Salinas, not Seaside.’ ” Barnett’s cousins then broke up the altercation and took Barnett and his children over to the barbershop. Barnett reported to the barbershop owner that “the Mexicans over there are tripping and they are banging on me.” Barnett remained at the barbershop while his children went home. Hanna S. was…