People v. Luevano CA5

FACTS

The Trial On July 6, 2014, at approximately 10:06 p.m., Bakersfield Police Officers Keegan Gavin and Chad Garrett were on patrol traveling eastbound on Water Street. As they approached a house located at 700 Water Street3 (the 700 house), Officer Garrett used a spotlight to illuminate Luevano, Leonardo Fernandez, and Dayana Estrada, who were standing in front of the house. When Luevano turned to face the officers, Officer Garrett recognized him as someone who had numerous outstanding felony warrants. Luevano ran into the house through the front door and Officer Gavin ran north along Baker Street and stopped by a chain-link fence bordering the house to set up a perimeter. Officer Gavin saw Luevano run out of the house through a door that faced west with his right hand under his shirt at his waistband. Gavin yelled out several times identifying himself

All further statutory references are to the Penal Code. Brady v. Maryland (1963) 373 U.S. 83. The house faced south and was located on the northeast corner of Water Street and North Baker Street.

2 as a police officer and ordering Luevano to stop but Luevano ran north and then east along the back (north…