In re M.S. CA1/4

I. FACTS

A. Prosecution Evidence At approximately 7:30 a.m. on May 29, 2012, Yosan Gebrenarian was riding on a San Francisco Municipal Railway (Muni) 5 Fulton bus headed west on Market Street. Gebrenarian sat in a window seat on the driver‟s side of the bus, “a row . . . behind . . . the back doors.” While sitting there, she read an article on her iPhone and listened to music through headphones. The bus stopped about ten minutes later, and a young black woman wearing a puffy coat got on, followed by four males: appellant, C.E., S.S.C., and another individual identified only as David. All four males wore hooded sweatshirts: David in grey, C.E. and S.S.C. in black, and appellant in purple. The young woman sat next to Gebrenarian and started “digging through her purse.” Feeling a “little suspicious” about the young woman‟s actions, Gebrenarian put her headphones and phone in her bag. About five minute later, the young woman stood up and walked towards appellant, who was sitting in the back of the bus. Appellant was on the passenger side of the bus in a rear-facing seat two rows from the back. S.S.C. sat across from appellant facing forward. The young woman sat next to appellant…