People v. Neff CA1/2

BACKGROUND

The circumstances of the offense are not complicated and not really in dispute. Viewing the evidence most favorably to the prosecution (People v. Manibusan (2013) 58 Cal.4th 40, 87), the trial record shows the following: In November 2013, Leonardo Macedo was working with his contractor father at a house in Antioch. Macedo was returning to the house after an errand when he was approached by two Black males—one of whom was defendant—and two Black females. Without warning, defendant struck Macedo in the face, knocking him to the ground. While Macedo was on the ground, defendant was kicking him and demanding, “What’s

1 in your pocket?” Macedo made no response. Defendant continued kicking Macedo. Eventually, defendant reached into Macedo’s pants pocket and removed a cell phone. The two females disappeared when the attack began. The other male pulled defendant off Macedo and led him away. A passing motorist observed the entire attack. He corroborated most of Macedo’s version. Once defendant and the other male left the scene, the motorist notified police and helped to apprehend defendant. Defendant was detained immediately after disposing of a cell phone, which was…