People v. Razon CA4/2

BACKGROUND

1. The circumstances leading to defendant’s conviction

The background leading up to defendant’s petition for resentencing is taken from

our opinion issued in defendant’s appeal from the judgment. (People v. Razon (Feb. 26,

1998, E018625) [nonpub. opn.].) A copy of the opinion is included in the record on

appeal.

In June 1993, a police officer stopped in a parking lot to investigate a group of

men urinating in public view. That incident resulted in the arrest of one of the men, Carl

Lawson, who had approached the officer’s car, which contained a rifle, and ignored the

officer’s repeated warnings to move away. After leaving the scene, the cousin of

defendant’s girlfriend, Eric Morreo, asked the girlfriend to take his son home. Defendant

told the girlfriend something might happen, to run away and not look or come back, that

things could get rough. Defendant and Morreo returned to the parking lot, where they

moved in on the officer, throwing things and shouting profanities.

At one point during this confrontation, Morreo took an object from his waistband,

held it in his right hand while cupping it with his left, and extended his arms at a forty-

five-degree…