In re C.T. CA2/4

FACTS

A. Prosecution Evidence The prosecution’s key witnesses were Daniel T. and his uncle, Ricardo Lopez. Daniel testified that in May 2012, he lived close to appellant, who often gave him “dirty looks” as he went to school. At approximately 9:30 p.m. on May 18, 2012, Daniel was on his bicycle, going to visit Lopez. As Daniel neared Lopez’s house, he passed appellant, who said, “Fuck you. I’m going to take your bike.” Daniel stopped and used his cell phone to tell Lopez that appellant was

2 “punking [him]” and “talking shit to [him].” Daniel asked Lopez to try to persuade appellant to “stop telling [him] stuff.” Lopez arranged to meet Daniel near Lopez’s house. Daniel further testified that Lopez arrived and went to talk to appellant. Daniel, who stood some distance away, heard Lopez ask why appellant was “messing with [his] nephew.” In response, appellant moved close to Lopez and said, “Yes, I’m messing with him.” Appellant then pushed Lopez and punched his face and chest. According to Daniel, appellant appeared to swing at Lopez with the side of his fist, leading with the thumb, but he saw no weapon in appellant’s hand. After Lopez swung once in response to appellant’s…