In re Daniel S. CA2/2

FACTS

Prosecution Evidence Just after midnight on May 26, 2013, Jinson Yu entered the gated area of his apartment complex on South Doty Avenue in the City of Hawthorne. There was no lock on the gate at that time. As Yu entered the opening alcove, he was watching a video on his cell phone, which he held in his hand. He was approached from behind by a Black male who extended his left hand and told Yu to give him the phone. The man mumbled something to the effect that he was holding a gun to Yu’s side. Yu looked at the spot where the man’s hand was pressed against him and saw no gun. Yu decided to “make a run for it.” The man grabbed Yu, who fell onto a staircase. While Yu yelled for help, the man managed to pry the phone from Yu’s hands. The man ran toward the entry gate and Yu chased after him, demanding his phone. The man turned around and punched Yu in the face three or four times. Although dazed, Yu staggered after the man. Yu heard the man yell, “Do something, do something.” At that point, Yu noticed another individual in the opening alcove, which was inside the gate. This was the only other individual in the

All further references to statutes are to the Penal Code…