P.

FACTS AND PROCEDURAL BACKGROUND

According to the transcript of the preliminary hearing,1 Jesus Lopez informed Santa Ana police that childhood friend Falcon had severely injured him in an altercation over Falcon‟s affair with Lopez‟s wife. On the evening of December 26, 2006, the pair agreed to meet in the parking lot of a Santa Ana liquor store. Falcon warned Lopez “he was going to kick [Lopez‟s] ass and he didn‟t think [Lopez] was man enough to meet him.” Lopez drove to the store with his brother in a white Mercedes, parked, and spoke to Falcon on the phone. A short time later, Falcon, driving a black Escalade, rammed Lopez‟s vehicle. Lopez exited his car and ran toward the Escalade, which backed up and then pulled forward, knocking him back eight to 10 feet. Falcon

On our own motion, we directed the superior court to transmit its file to this court and we take judicial notice of the documents contained in the file referred to in this opinion. (See Cal. Rules of Court, rule 8.155(a); Evid. Code, § 455, 459.)

2 accelerated again and ran over Lopez, dragging him under the vehicle, and then drove away. Lopez suffered serious injuries, including fractures, lacerations, and…