The People v. Reynolds CA4/3

FACTS

After an evening of revelry at the Boogie nightclub in Anaheim, Armand Jones, Giovanni Boyd, Dwayne Washington and Brent Hurd went to a nearby Denny’s restaurant. The Denny’s was crowded, but the group of friends quickly found a place to sit, and they were soon joined by their friend, Ronnell Spencer, and several other people.

1 Simultaneously with filing his opening brief Reynolds filed a motion to augment the record in this appeal with the transcript of witness Brent Hurd’s testimony in the earlier trial of codefendant Stanley Simon. We treated the motion as a request for judicial notice and granted that request as to the transcript. On our own motion we now take judicial notice of the entire appellate record in People v. Simon (G045927).

2 After a time, Boyd and Washington went to the restroom. While they were inside the restroom, seven or eight African-Americans, including Reynolds, Yolanda Brown, Stanley Simon, Nicholas Valerio, and Jarrell Kelly, came into the restroom. At least two members of this group had guns. One gun was pointed at Boyd and another at Washington. Various members of this group demanded Boyd and Washington turn over their jewelry, cell phones,…