No. B319020.

97 Cal.App.5th 1172 (2023)

THE PEOPLE, Plaintiff and Respondent, v. JOSE DIAZ, Defendant and Appellant.

Court of Appeals of California, Second District, Division Eight.

December 18, 2023.

Attorney(s) appearing for the Case

Edward J. Haggerty , under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta , Attorney General, Lance E. Winters , Chief Assistant Attorney General, Susan Sullivan Pithey , Assistant Attorney General, Mark A. Kohm and David A. Wildman , Deputy Attorneys General, for Plaintiff and Respondent.


Jose Diaz shot a street vendor to death for selling on someone else's turf. Diaz appeals his conviction for first degree murder. He claims police lacked probable cause to arrest him. But during a surveillance, police spotted Diaz and his distinctive neck tattoo in an incriminating place at an incriminating time...

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