People v. Davis CA4/1

FACTS

For purposes of this section, we state the evidence in the light most favorable to

the appealed judgment and order. (See People v. Osband (1996) 13 Cal.4th 622, 690;

People v. Dawkins (2014) 230 Cal.App.4th 991, 994.) Additional facts will be discussed

where relevant in the following section.

On President's Day, February 16, 2015, Scott Ackley drank approximately

beers and went for an afternoon walk near the beach in Oceanside, California. While he

was walking, Davis and Saia approached him. Saia asked if Ackley wanted to buy some

marijuana. When Ackley declined, either Davis or Saia struck Ackley in the left temple.

Davis then punched Ackley in the stomach, put him in a headlock, and dragged him

behind a parked truck. As Davis and Ackley struggled, Saia went through Ackley's

pockets and took his wallet.

A passing driver, Javier Williams, witnessed Davis and Saia fight with Ackley.

Ackley looked afraid and surprised. Williams saw Saia ride away on a bicycle with

Ackley's wallet in his hand. Ackley exclaimed "he has my wallet" several times. Ackley

chased Saia, and Williams called police. Davis walked away and tried to blend into…