People v. Gidding CA6

I. Factual Background

Roberta Anna Mendoza, her boyfriend Francisco Rodriguez Hernandez (Rodriguez), and her son Romero Enrique Castillo lived near Bixby Road at 2560 San Juan Road, which is also known as Highway 156. Shortly after midnight on May 31, 2009, Mendoza was awakened by a “heavy knock” on her front door. The bed in which Mendoza and Rodriguez were sleeping was pushed up against the front door. Mendoza looked out the window and saw a man outside dressed in black and wearing a beanie. She also saw a “long, wide, spooky, ugly looking,” “big vehicle” outside her home. Mendoza later that night identified defendant’s car as the one she had seen outside her home. She unsuccessfully tried to awaken Rodriguez. Mendoza ran to another room and looked out another window. From this window, she could see that there were four or five men outside her home, all of them dressed in black. She believed the men were 2 Hispanic based on their clothing although she could not see their skin. Mendoza went to Castillo’s room and told him to get up and call the police. One of the men went around the back of the house and removed a window screen.…