P.

FACTS

Almost all the evidence to support the assault conviction came from officer Ceasar Flores, a Santa Ana Police Department detective who was witness to the events of that early morning. Flores was by himself, driving a marked black and white police car which at the time had no overhead blue and white lights. (The police lights were in the passenger compartment, hence the car is referred to as a “slick top.”) Flores was “cruising around” when he noticed a group of people in a McDonald’s parking lot: two men and three or four women. He drove into the lot, turned his headlights off, and lowered his window. He heard loud voices. While he couldn’t make out the words, he could tell “they were engaged in an argument.” The two men would later be identified as appellant Daniel Martinez and Jesus Marincoss.3 In his testimony at trial, Flores was clear that Marincoss was “not communicating with any of the group” but rather “stayed back watching.” Marincoss

All statutory references are to the Penal Code. He was also convicted of carrying a concealed weapon inside a vehicle (§ 25400, subd. (a)(1)), which is a misdemeanor, but imposition of that sentence was stayed…