Barao
The People v. Barao
Opinion
Opinion
FACTS
We take most of our discussion of the facts from our published opinion in the codefendant‟s appeal, People v. Johnson, supra, 208 Cal.App.4th at pages 1095-1096. During the evening of February 28, 2009, defendant and codefendant Vandell Johnson, Jr., accompanied by their girlfriends, walked from defendant‟s apartment to a pool hall to play pool. Also present at the pool hall were Lorenzo and Moyotl. Although Moyotl understood only a little English, the two groups struck up a conversation. Eventually the four men went into the parking lot and began discussing drugs. Moyotl heard someone say “cocaine,” but he did not understand much more of the conversation. After speaking for a short time, the four men got into Lorenzo‟s car -- Moyotl in the driver‟s seat, Lorenzo in the passenger seat, and defendant and codefendant Johnson in the backseat. Defendant and Johnson tried to give Moyotl directions, but Moyotl had difficulty understanding, so Lorenzo took over the driving. Defendant or Johnson directed Lorenzo to a parking lot. According to Moyotl, Johnson got out of the car and walked toward the street, but then he returned and stood by the driver‟s door. Moyotl saw defendant…