P.

FACTS

The Preliminary Hearing On August 8, 2012, Guillermo Canseco Damian testified at Regalado’s preliminary hearing. According to Damian’s testimony, on July 21, 2011, at approximately 2:30 a.m., Damian, his nephew Arturo Garcia and another nephew were sleeping on couches in the living room of a house at 1310 Sycamore Drive in Wasco when Damian awoke to find Regalado holding a kitchen knife to his throat. Regalado demanded money and reached into Damian’s pocket. Regalado then put the knife to Garcia’s throat and took money from him. Regalado also took a box of gloves from the residence before leaving. Regalado wore a red bandana covering his face, a black and white striped shirt, and blue or gray pants during the robbery. However, at one point Garcia grabbed the bandana and pulled it down, allowing Damian to see Regalado’s face. Kern County Sheriff’s Deputy Juan Maldonado testified he was dispatched to Damian’s house in response to the robbery. Maldonado found Regalado walking on the street approximately 150 to 200 yards away from Damian’s residence and approximately

All further statutory references are to the Penal Code.

2 100 yards from Regalado’s residence. A box of…