P.

FACTS AND PROCEDURAL HISTORY

In the early evening of August 7, 2011, Ricardo Vargas attended a neighborhood gathering at a Garo Street residence in Hacienda Heights.2 Juarez, Caroline Lucero, and several young women sat on chairs in the driveway. Lucero was intoxicated and "very affectionate with everybody." Ricardo knew the residents and many of the guests, but did not know Juarez.

1 All statutory references are to the Penal Code unless stated otherwise. References to section 12022 are to the version in effect prior to January 1, 2012. 2 We shall refer to Ricardo Vargas and the victim, Eduardo Vargas, by their first names not from disrespect, but to ease the reader's task. Eduardo, Walter Martin, and Robert Valdez arrived after attending a pool party. The women sitting in the driveway teased the men for not inviting them to the pool party. Lucero was excited and attempted to hit Martin in the face, but struck him in the shoulder instead. Martin responded: "What the hell was that? What's wrong with you." He recognized that Lucero was intoxicated, however, and walked away. Eduardo then walked in the driveway and Lucero struck him twice in the chin and tore his shirt.…