P. v. Juarez CA2/6

Filed 5/20/13 P. v. Juarez CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B239807 (Super. Ct. No. KA095140) Plaintiff and Respondent, (Los Angeles County)

v.

MANNIE JUAREZ, JR.,

Defendant and Appellant.

Mannie Juarez, Jr. appeals a judgment following conviction of voluntary manslaughter, with a finding of personal use of a deadly weapon. (Pen. Code, §§ 192, subd. (a), 12022, subd. (b)(1).)1 We affirm. 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. Eduardo responded: "What the hell did you do that for? You ripped my shirt, Caroline." Eduardo was "dumbfounded" by Lucero's actions and tried to "bear hug" her. Juarez "snapped," and pushed Eduardo, stating that Lucero was his friend. Eduardo responded, "Hey, you don't know me like that. Who the hell do you think you are? Why did you push me? Who are you?" Juarez moved to push Eduardo again, but Lucero interceded and pulled Juarez away. Ricardo then informed Juarez that "This is family," and "We don't fight here." Juarez taunted Eduardo and stated, "What's up? What's up fool? Come back." Ricardo, Eduardo, and Martin then decided to leave the party. As they walked home, they heard Juarez state, "Fuck this. I want to fuckin' fight. I'll fuck him up." Suddenly, the men heard loud voices, turned around, and saw Valdez punch Juarez in the face. Juarez fought back and kicked at Valdez. Valdez yelled at Juarez to "[g]et off my property." Eduardo, Ricardo, and Martin then ran back to the gathering and approached Juarez. Martin nudged or pushed Juarez on the shoulder and ordered him to leave. At the same time, Juarez "lunged forward" and stabbed Eduardo near his heart with a "punching motion." Eduardo stated that he had been stabbed, and revealed a large stab wound in his chest. Thereafter, he fell in the driveway and died. Valdez then struck Juarez in the face and threw a child's bicycle at him. Juarez stated, "Fuck you," and ran down the street. Valdez, Ricardo, and Martin followed Juarez in Ricardo's automobile. When they saw Juarez, he was walking "like nothing had ever happened." Juarez turned and saw that the men were in pursuit. He ran to the