People v. Erazo CA2/1

background. In the video Alex stops briefly as he walks past the two men. According to Alex, Fernando said to him, “That’s my food,”

1 Following the guidance of California Rules of Court, rule 8.90(b)(4), we refer to the victim by his first name and last initial.

2 and Alex told him it was not. Alex then walked up to the front entrance, where he gave the food to its intended recipient. As Alex went back toward his van, he again encountered the two men. The video shows Fernando walking alongside Alex, who again briefly pauses. Alex testified that Fernando called him profanities and again said the food was his, but Alex ignored him. Fernando left Alex alone for a moment as Alex returned to his van and began preparing food for his next delivery. The surveillance video shows Fernando approaching Alex at the van while Erazo remains behind near the front gate of the apartment building. According to Alex, Fernando first apologized, but then attacked Alex from behind, punching him on the side of his head. A palm tree blocks the surveillance camera’s view of this initial part of the confrontation, but as the fight continues, the two again become visible. In the portion of the fight…