P.

FACTS AND PROCEDURE

1. Facts Underlying the Convictions At approximately 12:45 a.m. on July 30, 2010, Alejandro Alvarez and Jairo Mendoza were riding their bikes near the Walk of Fame in Hollywood. Four Asian males in a black Honda stopped alongside them. Both Alvarez and Mendoza saw one person was carrying a firearm. Mendoza was able to get away and watched the events unfold from across the street. Alvarez fell off of his bike and the four males beat him, took his hat, and stole $5 from his pocket. Collectively, the four males hit and kicked Alvarez eight times, with one kick landing on his head. Alvarez was not injured. 2. Officers Interview Alvarez and Mendoza Immediately after it occurred, Alvarez reported the incident, and officers subsequently arrived at the scene. Alvarez spoke to three or four police officers shortly after the incident. Alvarez described the suspects to Officer Lenn Ghaffarian, a rookie primarily responsible for the case and Officer Keith Pak, who heard a broadcast about the incident and stopped briefly at the scene. Alvarez testified that he described the suspects‟ hair as really short, but not shaved. Alvarez said he told officers one person was wearing…