People v. Myers CA2/4

BACKGROUND

The trial court’s memorandum of decision described the facts of appellant’s offense as follows (with citations to the reporter’s transcript of the trial deleted): “On May 3, 1995, an officer responded to the area of 954 North Park in Pomona regarding a fight and possible shots fired. Upon arriving, the officer observed two black males standing against a wall, drinking beer. When the officer called for them to approach his vehicle, one of the subjects ran to the end of the driveway and through an open gate next to apartment One at 954 North Park. The officer detained the remaining subject and called for assistance. A short time later, the subject reappeared from the area of apartment One and was detained by the officer. “The Officer observed [defendant] exit the open gate near apartment One, walk down the driveway, and watch the detention. He then left the area through the gate and returned a few minutes later. Believing he may be involved with the original call, the officer detained [defendant] and discovered he had recently been

1 Further unspecified statutory references are to the Penal Code. 2 released from prison on parole. Officers at the scene contacted a parole…