In re E.C. CA5
Opinion
Opinion
FACTS
Second Degree Robbery (Count 1; § 211)
All further statutory references are to the Penal Code, unless otherwise noted.
2. On the afternoon of February 19, 2025, Wesley H. was walking with his wife, Sarah H., their two children, and their young nephew in an apartment complex, when a group of approximately six to 10 juveniles, including minor, approached him and asked if he smoked marijuana. Wesley testified that the juveniles all had masks on, but later stated only minor had a mask on, which he described as a black, pull-down mask with cut outs for his eyes and nose. Sarah testified minor was wearing a white mask across his face that he later took off. Wesley stated he told the group of juveniles that he did not smoke marijuana, but the group continued to follow him and repeated the question. Sarah testified that the juveniles were yelling “ ‘Wesley. Wesley. Come here. Do you remember us? Do you remember us? We’re NFL we’re MOB,’ ” and that she told Wesley to run. Wesley testified that he told his nephew to go ahead of him. Then, one of the juveniles struck Wesley on the side of the head and said that Wesley was a gang member, stating, “ ‘You are a [c]rip,’ ” as…