The People v. Garcia CA5

FACTS

On July 30, 2011, P.A. reported to Bakersfield police officers that at approximately 6:30 a.m. she was awakened by knocking on her front door and the doorbell ringing. P.A. opened the door and saw Garcia, a friend of her ex-boyfriend, standing there. P.A. became very scared because a year earlier Garcia raped her and she did not report the rape because he threatened to kill her if she called police. Garcia entered the house and told her he wanted her television, that his life depended on it, and that he would return it the following day. After P.A. refused, Garcia pulled out a revolver and pointed it at her. He also placed his arm around her neck and began squeezing while whispering in her ear, “My life depends on it and you don‟t care. You don‟t want me to use this gun.” Garcia then had P.A. go into her bedroom. P.A. walked out of the bedroom a short time later and saw Garcia in the living room and another suspect carrying her television away. P.A. also noticed that her telephone and computer were

All further statutory references are to the Penal Code. In his opening brief, Garcia also contended that the matter should be remanded for an “on-the-record…