People v. Salgado CA1/4

I. FACTS

At about 4:15 a.m. on October 6, 2013, Troy Perkins had a dispute with Darlin Uvence-Cruz (Cruz), whom Perkins knew as “Larry.” Perkins testified that Cruz was drunk and attempting to cheat him in a deal on his recyclables, so he hit Cruz in the jaw. After that incident, Perkins walked on Folsom Street, toward 14th Street and the Foods Co. store, and saw Cruz and defendant. Cruz and defendant had “shiny” baseball bats

1 and proceeded to hit Perkins in the head. He fell to the ground. Perkins was in a coma for four days and spent twelve days in the hospital. On November 7, 2013, he identified defendant and Cruz in two separate photograph lineups. He said that he often saw them together. Mohamed Bagadi witnessed the incident. He was on a break from his job at U.C.S.F. Medical Center and was smoking a cigarette on Folsom Street. His co-worker, Sunny Bang, was with him. He saw two men and a woman walking on Folsom Street with shopping carts going toward the Foods Co. He then saw two men, one of whom he identified as defendant,1 walk toward the three people. Defendant and the other man were each holding an object. One man was holding an aluminum bat; the other man held an…