People v. Lyons CA1/5

BACKGROUND

The evidence at trial relevant to this appeal is as follows. Oakland Police Officer Darwin Téllez testified he was on patrol in a marked police car about 10:30 p.m. on

1 Former Penal Code sections 12025 and 12031 were repealed by Stats. 2010, ch. 711, § 4, operative January 1, 2012.

1 November 4, 2011. A car behind him flashed its high beam headlights and the two cars pulled over. Dominick exited her car. Her right eye was swollen, her upper lip was bleeding, and she was shaking and crying hysterically. She told Téllez, “My boyfriend just beat me up.” Dominick wanted to go home and Téllez followed her there. When they arrived, Dominick told Téllez she heard three gunshots when she left her boyfriend’s residence. While Dominick, Téllez, and another officer, Eric Kim, stood in front of Dominick’s home, a truck drove by. Dominick pointed at the truck and said, “That’s him.” Téllez asked Dominick if that was the boyfriend who beat her up, and Dominick said it was. Téllez and Kim followed the truck and Téllez saw the driver turn his shoulders at a 45-degree angle and move his right forearm up and down three times. The truck stopped and appellant exited. Téllez found a…