People v. Polk CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In January 2023, defendant and several cohorts robbed Delores P. and her husband at gunpoint outside their Stockton home while the victims were putting air in their car tires. Two men with guns surrounded Delores on the sidewalk and demanded money. One man wore a mask and held a gun to her head. The other man, who was not wearing a mask, pointed a black .9 millimeter gun at her chest, demanded money, and threatened to kill her if she did not comply. Delores gave the man without the mask several hundred dollars that she had in her pocket. Delores’s husband said three different people wearing masks surrounded him on the other side of the car; one put a gun to his head and the group took his money. The robbers fled, and Delores immediately called police. A short time later, police located defendant hiding under a truck a few blocks from Delores’s home. Police recovered a loaded semiautomatic handgun underneath the truck where defendant was hiding. Defendant had over $135 in cash in his back pocket that belonged to Delores. During an infield show-up, Delores said she was 70 percent sure defendant was the man without the mask who took her money at…