P.

Facts On October 11, 2009, Timothy Dewitt drove to Hollywood to go out on a second date with Lea Patrick. After the date, sometime between 2:00 a.m. to 3:00 a.m., the couple went to Ms. Patrick's apartment complex in Hollywood on Yucca Street. Mr. Dewitt parked his Ford F-150 truck on Las Palmas Avenue, leaving the front passenger window open but locking all the doors. He then walked Ms. Patrick to her apartment door, then began walking back to his truck.

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 As Mr. Dewitt approached his truck, he noticed the cabin light was turned on, the door had been opened, and someone was inside the passenger side. He shouted, "Hey, hey, hey" and ran toward the truck. He also said something like, "What the fuck are you doing?" The person inside the F-150, later identified as appellant, jumped out. Mr. Dewitt kicked appellant's chest as hard as he could, and appellant fell against the truck's door and then toward the ground in a sitting position. Mr. Dewitt asked, "What are you doing? What are you doing?" Appellant stood up, pulled out a gun, and pointed it at Mr. Dewitt. The gun touched the…