People v. Jackson CA4/1

STATEMENT OF FACTS

The parties have used the facts from our prior opinion as the basis for the petition

and this appeal. We will incorporate those facts here.

On the morning of August 26, 1994, Jackson, in an agitated condition, entered a

downtown San Diego custom furniture store and asked the owner, John Fruehwirth, if he

wanted to buy a nine-millimeter handgun for $150. Fruehwirth asked Jackson, "What do

I look like?" Jackson replied, "Well, I didn't think you look like the police." Fruehwirth

pushed Jackson from the store and told his wife to call the police. Jackson and a

companion departed.

The police received several reports that morning of two men trying to sell a gun.

At about 10:00 a.m., Officer Kerry Mensior saw Jackson, who fit the description of one

of the men, and another man walking on the street in the vicinity of Fruehwirth's store.

When he stopped his car, Jackson and his companion turned and walked away from the

officer. Mensior drew his gun and told the men to stop. Noticing Jackson had something

in each hand, the officer told him to drop what he was holding. Jackson dropped a

magazine for a nine-millimeter handgun and nine…