People v. Otero CA5

FACTS

On November 19, 2011 (November 19), at approximately 9:00 a.m., Jose Montes was walking near Roosevelt High School in Fresno when he ―turned back‖ and saw a

All statutory references are to the Penal Code. We use the term ―strike‖ as a synonym for ―prior felony conviction‖ within the meaning of the ―three strikes‖ law (§§ 667, subds. (b)-(i); 1170.12), i.e., a prior felony conviction or juvenile adjudication that subjects a defendant to the increased punishment specified in the three strikes law.

2 person, who he identified in court as appellant, riding a bicycle behind him.3 Montes continued walking and when he passed the school‘s football field he saw appellant riding toward him. When appellant ―[got] close‖ to Montes, he (Montes) said ―hi,‖ but appellant did not respond and Montes kept walking. At that point, appellant began riding in circles around Montes, who continued walking. Montes became afraid. The street was ―empty‖ and there were no other people around. Appellant ―kept going behind‖ Montes and as Montes was crossing the street, appellant ―said something about money[.]‖ Montes testified he did not remember if appellant said ―do you have money[?]‖…