People v. Dunne CA3

BACKGROUND

Y.Z. gave a man she knew as “Tony” a massage at her massage parlor and he asked her out on a date. She agreed, initially, but two days later told him in a text message she did not want to go out with him. Tony replied by calling her a “prostitute.” Later that day, a man entered the massage parlor and beat and knifed Y.Z., wounding her severely. Y.Z. told police she thought Tony was the attacker and provided a description of him. After reviewing surveillance videos, Detective Nick Sheehan concluded Tony was the attacker, based on common physical characteristics and the car he drove. Sheehan later spotted a similar car and recognized the driver as Tony. A records check led to defendant,1 who was charged with attempted willful, deliberate, and premeditated murder (Pen. Code, §§ 664, 187, subd. (a));2 personally inflicting great bodily injury (§ 12022.7, subd. (a)); personally using a deadly or dangerous weapon, a stabbing instrument (§ 12022, subd. (b)(1)); and having a strike prior and prison prior (§§ 667, subds. (b)-(i), 1170.12) for shooting at an occupied house. (§ 246.) Defense counsel moved in limine to exclude Sheehan’s lay opinion identification of defendant,…