PEOPLE v. WALKER

No. H037287.

210 Cal.App.4th 1372 (2012)

THE PEOPLE, Plaintiff and Respondent, v. EVERETT ROBERT WALKER, Defendant and Appellant.

Court of Appeals of California, Sixth District.

As modified November 15, 2012.


Attorney(s) appearing for the Case

Rachel Sue Sussman , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Seth K. Schalit and Laurence K. Sullivan , Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

DUFFY, J.*

Everett Robert Walker, a young Black man, disembarked late in the evening in November 2010 from a train at the light-rail station in downtown San Jose. He was stopped by Santa Clara County Deputy Sheriff Frank Thrall, who suspected that defendant might have been one of two young Black male suspects involved in a sexual battery occurring one week

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