The People v. Cheng CA2/8

FACTS

A. The People’s Case

Viewed in accordance with the usual rules on appeal (People v. Zamudio (2008) 43 Cal.4th 327, 357-358), the evidence established that at 10:30 a.m. on August 26, 2011, Justine Lun was shopping at a Dollar Tree store in Pasadena when defendant, a stranger to Lun, bumped into her and blew cigarette smoke into her face. Lun moved to a different aisle and continued shopping. Moments later, defendant said something in Chinese as he forcefully grabbed Lun’s left wrist and tried to pull her towards him, causing Lun to lose her balance, although she did not fall and was able to pull away. She did not report the incident to anyone, but as she was leaving the store Lun encountered her cousin, Joseph Mar, and told him about it. Mar called 911. Lun recounted the incident to the police and then left. A few minutes later, the police asked her to go to a nearby location where she saw defendant sitting on the curb surrounded by police officers. Lun identified defendant as the person who had accosted her in the Dollar Tree store. Mar did not know that his cousin Lun was shopping in the store while he and his co-worker, Anthony Quan, were on a break sitting in…