People v. Mendoza CA1/3

BACKGROUND

In September 2020, the prosecution charged Mendoza with one count of evading a peace officer in willful disregard for the safety of persons or property. Mendoza’s trial began in late November. At that time, while still in the early months of the COVID-19 pandemic, the “public health 1 emergency” had killed more than 200,000 Americans. (People v. Edwards (2022) 76 Cal.App.5th 523, 526 (Edwards); Hernandez-Valenzuela v. Superior Court (2022) 75 Cal.App.5th 1108, 1114–1116.) No vaccine was widely available “to protect against the spread of COVID-19 and the best scientific evidence demonstrated the wearing of face masks was effective at reducing the spread of the virus and the risk of infection in indoor settings.” (People v. Lopez (2022) 75 Cal.App.5th 227, 233 (Lopez).) A mask order was in effect during Mendoza’s trial. The order required each person — including jurors and witnesses — to wear a mask covering “both the mouth and nose . . . at all times when in an enclosed space in any of the . . . Solano County courthouses open to members of the public.” (Super. Ct. Solano County, Misc. Order No. M-15-2020 (June 18, 2020).) The order described the public health emergency,…