P.

STATEMENT OF FACTS2

Defendant was convicted of offenses that occurred at a two-level apartment residence occupied by his sister, Saprina Wallace, mother Rosemary Wallace, sister Terressa Harris, and nephew Labron Wallace, and visited frequently by others in the

1 All further statutory references are to the Penal Code. 2 In this appeal defendant only challenges the denial of his motion to recuse the prosecutor. Therefore, our recitation of the facts will focus on the facts pertinent to the issue presented, rather than the underlying crimes. family.3 Testimony was presented, primarily by defendant‘s niece Tequoia McDonald, that on the morning of July 20, 2010, defendant appeared at the apartment on two occasions and engaged in altercations with Harris, apparently over some of defendant‘s belongings in the residence. Early the same afternoon, defendant returned to the apartment and kicked open the front door. From the upper level of the residence McDonald heard the ―bang‖ and ran to the stairs. She observed defendant in the living room below ―holding a tennis racket and a knife‖ in his hands, ―as if he was gonna hit someone with‖ them. Defendant appeared to McDonald to be in a…