Lopez

Introduction

Defendant appeals from a conviction for violating Penal Code sections 211 and 148.

On the evening of January 4, 1985, Kenneth Guinn left the High Hat Bar in Firebaugh. Mr. Guinn noticed a little dog and followed the dog toward a dumpster to feed it a burrito. Three men tackled him. One had a stick. They robbed him of his comb, glasses, wallet and $ 1.50 in spare change separate from the wallet. Mr. Guinn did not recognize the assailants nor did he see their faces or remember their voices.

Firebaugh Reserve Police Officers Vallejo and Pulido drove past the defendant and two other men standing in front of a donut shop on “O” Street. They were driving a marked patrol car visible to the three men as the officers drove past. Officer Pulido dropped off Officer Vallejo in an alley around the comer from the shop. Officer Pulido parked the patrol car next to the alley.

At that time, the three men were bent over something next to a dumpster. As they left the area, Guinn stood up and yelled, “I have been robbed.” After following the three men some distance on foot, Vallejo identified himself as a police officer and ordered the three men to stop. Two of them stopped.…