The People v. Campos CA4/3

FACTS

1. Prosecution Evidence a. Circumstances of the Offense In the early morning hours of July 18, 2009, Santa Ana Police Officer Oscar Lizardi and his partner drove through a residential area claimed by the Santa Nita gang. They were on patrol in that area specifically because there had recently been a gang-related drive-by shooting and murder at a particular house. When they drove by this house, Lizardi saw a group of three men drinking beer in front of the house. He knew the men were loitering and drinking beer in public in violation of the Santa Ana Municipal Code, and he decided to stop and ask the men some questions. As Lizardi and

1 All subsequent statutory references are to the Penal Code unless otherwise noted.

2 his partner got out of their patrol car, two of the three men, Campos and Enrique Zamudio, ran to the backyard. Lizardi gave chase and detained Campos and Zamudio as they were trying to climb over a wall. Both men had loaded guns. Lizardi saw Campos throw a semiautomatic handgun over the wall. He tased Campos and Zamudio, and a chrome revolver fell out of Zamudio‟s pants. The third man, Alfred Vera, was detained without incident. Lizardi arrested Campos…