P.

BACKGROUND

Prosecution Case On August 8, 2010, Sylvia Mendez was at a restaurant/bar with her sisters-in-law, Ruth Mendez and Sonia Mendez. Appellant also was there with his brothers, Jerry Flores and Albert Garcia Flores, and others. Sylvia had known appellant since she “was little.” He used to be in a car club with her father. Sylvia, Ruth and Sonia were sitting at the bar. According to Sylvia, appellant stood behind her and kicked the stool she was sitting on a couple of times. Sylvia did not react. As she was leaving the bar at the end of the night, Sylvia heard appellant mumble the word “bitch” to her. She did not respond. As she exited the establishment to go to the parking lot, she heard appellant say, “fuck your family.” Neither Ruth nor Sonia heard appellant say anything to Sylvia at the bar or upon leaving the restaurant/bar. Sylvia got into Ruth’s car with her sisters-in-law. Ruth was in the driver seat, Sylvia was in the front passenger seat and Sonia was in the backseat directly behind Sylvia. The window next to Sylvia was rolled down. As Ruth drove through the parking lot, Sylvia “flipped [appellant] off.” In other words, Sylvia made a hand gesture at appellant…