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STATEMENT OF FACTS

1. Prosecution Case Around 7:30 or 8:00 p.m. on September 1, 2009, Oscar Paniagua, a taxicab driver, picked up appellant and another passenger at 8th Street and New Hampshire Avenue in Los Angeles. Appellant sat in the back seat and the other individual sat in front next to Paniagua. Appellant initially told Paniagua to drive to the intersection of Clinton Street and

Undesignated statutory citations are to the Penal Code.

2 Ardmore Avenue, but he changed his mind and told Paniagua to take them to Clinton Street and Hobart Boulevard. When Paniagua stopped there, one of the passengers asked how much the fare cost and Paniagua told him $8. At that time, Paniagua took off his seatbelt because it was “really dark” and “pretty desolate,” and he felt “unsure” about the passengers because he saw “they were kind of nervous.” Appellant gave Paniagua a $10 bill and Paniagua pulled out money to make change. As the front passenger exited the taxi, Paniagua turned around and saw appellant remove a revolver from a computer bag; he said to Paniagua, “Give it to me.” Paniagua “just went for” the gun to try to take it away from appellant. During the minute-long struggle…