People v. Najera

138 Cal.App.4th 212 (2006)

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Nature of the Case

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Facts

D and Hernandez were sitting, drinking beer, and talking in the front yard where they rented rooms. Hernandez's uncle, Javier also was in the yard talking, and D's brother, Elias, walked back and forth between the yard and the house. Hernandez and D were joking around and talking when Hernandez called D a 'jota' (translated as 'faggot'). Najera said, 'I don't want you to call me that.' Hernandez replied, 'You don't want me to call you a fag? Fag.' Hernandez, who was seated, stood up and pushed D, who fell back. D got up, and he and Hernandez soon were on the ground wrestling and exchanging fists. Herrera, who lived in a rented house at the rear of the property, separated them. Najera angrily told Hernandez, 'it's not going to end like this.' The owner of the house told D and Hernandez he would contact the police if they did not stop fighting. D went inside the house for about five to 10 minutes. D then slashed Hernandez's stomach three times. Hernandez was bleeding profusely and went inside and asked that the police be called. He went back outside and sat down near the driveway. Eventually, Hernandez spoke to the 911 operator. D then left and started walking down the street. D was arrested, and Hernandez died about nine hours later. D was charged with first-degree murder. The jury convicted D of second-degree murder. The trial court denied D's motion to reduce the conviction to voluntary manslaughter. D appealed. D argues his conviction should be reduced to voluntary manslaughter because the prosecutor misstated the law of murder and voluntary manslaughter during closing argument.