People v. Rincon CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background3 1. Offenses in Case No. SS170304B On February 19, 2017, Officer Francisco Maldonado of the Salinas Police Department was dispatched to investigate a theft at a Safeway store. The dispatch report also advised that the two suspects involved in the theft had last been seen throwing bottles at a vehicle located near the rear of the store. On his arrival, Maldonado spoke with victim V.V., who stated that she observed the suspects each holding a case of beer and attempting to walk out of the store without paying. She followed and yelled at them to stop and put the beer down, at which point one of the suspects, later identified as Fernando Moncada, reached behind his back as though he had a gun, and said “You want to get shot?” As V.V. attempted to lock the front doors, the second suspect (later

3 We derive the relevant factual background from the police reports for each underlying incident, which Rincon also quotes from in his opening brief.

2 identified as Rincon) approached her with his sweatshirt up in an attempt to conceal his face and said, “Let’s shoot this bitch up.” V.V. walked further back into the store,…