People v. Lowe CA5

STATEMENT OF FACTS

I. Prosecution Case-in-Chief.

On June 3, 2011, sometime after 1:00 p.m., Edward Wade, Jr., returned to his apartment at 5212 North Valentine Avenue, located on the northeast corner of North Valentine Avenue and West San Jose Avenue in Fresno, California. He noticed that the front door, which he had closed and locked in the morning, no longer had a deadbolt and was slightly ajar. In addition, “a lot of metal shavings” were on top of the doormat. As Wade started to enter the premises, “[t]he door flew open” and he “heard a scream[,] like a battle cry.” Soon after, he and defendant collided “like football linemen” and ended up fighting on the ground outside. Wade testified that he did not know defendant prior to this incident. During the struggle, Wade saw some of his personal belongings, including a duffel bag and .45-caliber semiautomatic handgun, in defendant’s possession. He pinned defendant, headbutted him, and said, “You took my stuff.” Defendant replied, “You don’t deserve it.” Wade also remarked, “You’ve got my gun.” Defendant answered, “Yeah, I’ve got your gun.” At one point, defendant told Wade, “If you let me go, I won’t take your things.” Wade…