People v. Bermudez CA3

FACTS AND PROCEEDINGS

Assault Case2 The following facts are quoted from the opinion issued on defendant’s direct appeal from his conviction. (Bermudez I, supra, 45 Cal.App.5th at pp. 364-365.) On April 4, 2013, the “victim was driving in Woodland, with his son in the car, when he saw a black Honda parked on the side of the road. As he drove by, the Honda suddenly accelerated, hitting him. “Thinking he had been in an accident, the victim pulled over. The Honda collided into him a second time. The second impact was a ‘T-bone,’ taking off the front and back doors and breaking windows. “The victim recognized defendant as the driver, testifying at trial: ‘he looked at me when he crashed and then he flossed his tattoo on his head and . . . I recognized him.’ Defendant had turned, pointed to the back of his head, and yelled ‘EST,’ which the victim took to mean defendant’s gang, Eastside Trece. Defendant then drove away. The victim drove to the next block and called 911. In the 911 call, the victim told the operator he knew defendant’s wife and where she live[d].

2 Defendant was convicted in another case for concealing a dirk, and that case was consolidated on appeal with the assault…