Anderson

I. FACTUAL AND PROCEDURAL BACKGROUND

Cabral lived at a home in San Jose with family members and his girlfriend. Cabral grew marijuana in his backyard, hung the leaves in his garage, and would frequently have people over to the garage to smoke marijuana. A later search of Cabral’s garage found items including marijuana, marijuana packaging, scales, grinders, and ammunition. A search of Cabral’s backyard found 27 marijuana plants. Cabral would leave the side door to the garage unlocked. On the night of the charged offenses, Cabral was in the garage with two other people. Cabral testified at a preliminary hearing that he was playing video games and the other two people were smoking marijuana when two masked people came to the garage’s side door and “laid [him] down.” Cabral testified that both men were armed with handguns and they remained in the garage for about a minute as Cabral laid on the ground not able to see much of the men. Cabral testified that he kept about $40,000 in cash inside the garage’s walls and after the men left, he noticed $20,000 was missing. Cabral’s neighbors heard gunshots after the robbery, and a man fell to the ground in a yard near Cabral’s home. Law…