P. v. Avila CA2/7
Deadly Weapon; We Modify the Judgment and Affirm
On September 1, 2007 Jose Avila drove to South Gate to drop off his younger brother, Jonathan Avila, at a party. As they approached their destination, Jose yelled out, “‘Compton Varrio Tortilla Flats, and this is our neighborhood.’” Jose stopped the car in the middle of the street near a group of six teenagers, Jonathan Sedano, Fernando Gutierrez, Fernando Hernandez, Miguel Lorenzana, Hernan Partida, and Manuel Pasqual, who were gathered around Pasqual’s car. Jonathan got out of the car and asked, “‘Where’s the party at?’” When Sedano responded, “Who are you,” Jonathan punched him. Jonathan and Sedano began to fight, and Gutierrez and Partida joined Sedano in hitting Jonathan, while Jose watched the fight from inside his car. During the fight Jonathan took out a curved knife with a five- to six-inch blade, swung it at Sedano, and stabbed him in the stomach.
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