People v. Boyd CA3

I. BACKGROUND

In January 2019, defendant and Baker were both living on the street. Defendant had been living on the street for approximately two years. During that period, he had been robbed multiple times and involved in numerous fights. Although defendant and Baker had not previously fought with each other, defendant had seen Baker hit people with a “billy club” twice in the past. In 2015, Baker was convicted of assault with a deadly weapon, a barbell, with a great bodily injury enhancement, and in 2010 he was convicted of a misdemeanor battery. One night, defendant and other people were setting up to spend the night in front of the human services agency building in Stockton. Defendant had stayed at the human services agency building alcove for the previous few nights. Baker and defendant were each in the alcove of the building and had a conversation about making a trade for defendant’s sleeping bag and exchanging defendant’s sandwich for some of Baker’s marijuana. At various points Baker left the alcove and returned to it.3 On Baker’s final return to the alcove, defendant was standing in the alcove, slouched over with his hands on his upper thighs, when Baker assaulted…