People v. Nelson

Defendant was convicted by the court of a violation of section 12090 of the Penal Code (unauthorized alteration of identification number on a handgun) and of the misdemeanor violation of section 12031, subdivision (a) of the Penal Code (carrying a loaded firearm without a permit in a public place), and was granted probation. He appeals.

At about 2:30 or 3 a.m. Russell Cansino heard a car in the alley behind his house. He told his father and the two of them went outside and looked down the alley. They saw a car driving slowly through the alley with four men walking behind it. They all wore “jump suits” and beret hats. When the four men looked in the direction of Russell and his father they scattered into bushes which lined the alley. Russell went in and called the police. Officers Bollinger and Verdugo responded to the call and started looking for the four men. Russell spotted defendant crouched down between a garage and a pile of trash in the backyard of a neighbor. He called to defendant and said that the police already had one of his friends in custody and that they were looking for him. Defendant stated “well, let me know when they go.” Russell said that he would. He…