People v. Smith CA1/2

BACKGROUND

On a November evening in 2013, Daniel Acevedo emerged from the Civic Center BART Station and began walking home through the Tenderloin district of San Francisco. He was carrying a laptop computer in a case and listening to music on the earphones of his iPhone, which was in his back pocket of his trousers. Sensing he was being followed, Acevedo turned suddenly and confronted defendant, a Black male whom he repeatedly and positively identified in court, and whose face he took pains to record in his memory. They grappled for possession of Acevedo’s iPhone. Acevedo observed three men across the street run over and join defendant in pummeling him.

1 Eventually, possession of both the bag and the phone were gained by the attackers, who began walking towards the Civic Center BART Station. Within two minutes, Acevedo was at a nearby store, where he called police. Officers arrived at the store within minutes. Acevedo gave them information that allowed police to locate his iPhone. A description provided by Acevedo was broadcast by police. On the basis of broadcast, officers spotted and detained defendant, who was carrying Acevedo’s computer case, near the Civic Center BART…