People v. Lal CA3

I. BACKGROUND

A. Factual Background As context for the parties’ arguments in this appeal, we provide the factual background taken from this court’s opinion in defendant’s direct appeal of his convictions. (People v. Lal (Mar. 24, 1994, C014958) [nonpub. opn.].) Our resolution of the present appeal is not dependent upon this factual account. The victim, an elderly gentleman, lived on Helen Way in Sacramento and employed a maintenance company to do gardening work at his residence. The maintenance company was owned by defendant’s father; defendant and his brother regularly mowed the victim’s lawn. Several weeks before the charged incident, defendant asked to borrow “some nylons” from a female friend, F.B. Defendant subsequently informed F.B. that he and another friend robbed the victim and showed F.B. three guns he had stolen from the victim’s house. On June 10, 1988, at approximately 1:30 a.m., defendant offered F.B.’s mother $20 for a ride to his “cousin’s” house to collect some money owed. Following defendant’s directions, F.B.’s mother, accompanied by two other women, drove defendant to Helen Way in Sacramento. F.B.’s mother and one of the other two women testified upon…