People v. Chhaim CA2/8

STATEMENT OF FACTS

On December 31, 2011, at approximately 11:30 p.m., Officers Jason Wood and Henry Vong with the Long Beach Police Department were patrolling a high-crime area of Long Beach. They were sitting in their patrol vehicle at a gas station when they heard a gunshot. They drove toward the direction of the gunshot and saw a group of four males in a parking lot. Three of the males were appellant and co-defendants Louis Songha and Khasen Chhaim.3 Appellant was flailing his arms and seemed agitated. Songha was holding appellant back like he was restraining appellant from a fight. Appellant appeared to be heavily intoxicated. Officer Wood saw appellant grab at a bulge in his waistband and posture “as if he had a weapon.” The officers exited their vehicle and drew their weapons. Officer Wood directed appellant and the others to put their hands up. Songha released appellant. Appellant lost his balance and fell onto his back on the sidewalk. When he fell, Officer Wood heard a heavy metallic clink. He then saw a small, dark-

Further undesignated statutory references are to the Penal Code.

At the time appellant committed the offense, possession of a firearm by a…