People v. Stewart CA1/2

BACKGROUND

The prosecution’s case On February 11, 2012, about 7:00 p.m., Arthur Hernandez and his friend Michael Shishido were accosted from behind by an armed man as they were walking through a lawn area on their way to Hernandez‟s apartment in a gated community in Fairfield known as the Parkland apartments. The man demanded money, so Hernandez threw his wallet to the ground near the robber. The wallet held no cash, only expired credit cards and Hernandez‟s driver‟s license and social security card. The robber picked up the wallet, then pointed his gun at Shishido and demanded money from him. The robber hit Shishido on the back of his head with his gun, so Shishido took a $10 bill from his pocket and gave it to the robber. Shishido testified the robber also kicked him in the leg. The robber took off northbound, toward the entry gates to the apartment complex. Hernandez and Shishido continued walking to Hernandez‟s apartment. Hernandez‟s girlfriend had been walking with them just before the robbery but had “slithered away” during the robbery. When Hernandez discovered she was not in the apartment, he went to look for her. As he approached the entry to the apartment complex he saw…