People v. Bathe CA3

I. BACKGROUND

The information charged defendant with attempted robbery. (§§ 664/211.) The information further alleged defendant used a deadly weapon and had a prior strike conviction. (§§ 12022, subd. (b)(1), 667, subds. (b)-(i), 1170.12.)

1 Further undesignated statutory references are to the Penal Code.

1 On a night in October 2022, the victim returned home from the grocery store around 11:00 pm. She parked in the alley behind her apartment complex, took her groceries out of the car, and went to the rear door that leads into her complex. At that time, defendant (wearing a red sweater) approached her and asked her to give him her phone. She refused, at which point defendant pulled out a large black handled knife from a sheath on his waistband. The victim was afraid, left her groceries behind, and ran to her car where she called her boyfriend and the police. When officers responded, they found defendant on a mattress in the alley under a blanket. He was not wearing a red sweater, but otherwise fit the description of the suspect. The victim identified the defendant in a field showup. Officers located a knife against the wall in the alleyway between his mattress and the wall. The…