Reyas Concha, Julio Hernandez (defendants), and Max Sanchez threatened to kill Jimmy Lee Harris during an attempted robbery. Concha, Hernandez, and Sanchez chased Harris and eventually cornered him against a fence. When Harris tried to climb the fence, the three men began stabbing him. Harris turned and attempted to defend himself by stabbing his attackers with a knife from his pocket. Harris was able to flee and survived despite severe injuries. Sanchez died from stab wounds inflicted by Harris. Concha and Hernandez were charged with the attempted first-degree murder of Harris, and with the first-degree murder of Sanchez. Concha and Hernandez were convicted and appealed.