P.

FACTS

Prosecution Evidence On the morning of November 21, 2009, Earley Nicolis went to a park located at Fifth Street and San Julian Street in Los Angeles. There, he saw defendant, whom he had known and seen at the park for approximately one and a half months. Nicolis sat down at a table in the park with defendant, Chevon Quinn, and another friend called Dmya. Nicolis received a phone call. After he hung up, he discussed the call with Quinn and then called his godsister, “Pocahontas,” to discuss it with her.

All further references to statutes are to the Penal Code unless stated otherwise.

2 While Nicolis spoke with Pocahontas, defendant interrupted and told Nicolis that he had said something that was incorrect. Nicolis said he had not, and defendant contradicted him. Nicolis asked, “Why are you in my phone conversation in the first place?” Defendant replied, “Because I can.” She seemed angry, and an argument ensued. During the argument, defendant “began saying ‘Avalon.’” Nicolis said, “I don’t give a fuck what you talkin’ about.” Defendant said, “You disrespectin’ me.” Pocahontas said to Nicolis on the phone, “You know she from Avon.” “Avon” is a term of disrespect used…