People v. Carter CA2/1

FACTS AND PROCEEDINGS BELOW

I. Prosecution Evidence2

A. First-Degree Robbery of Shannon Burns (Count 4) On January 28, 2011, at around 8:30 a.m., Togo’s store manager Angel Rosales was at the Hastings Village shopping mall in Pasadena. He was getting ready to open Togo’s at 9:00 a.m. Rosales saw appellant outside and thought appellant looked suspicious, so he told a young employee to be careful and call Rosales to the front of the store if she thought appellant was going to enter the store. Rosales watched appellant and saw him sit down near Togo’s for five to ten minutes, drink Mountain Dew from a bottle, and leave the bottle behind. At around 8:40 a.m., Shannon Burns was in the Hastings Village mall and went to an ATM near Togo’s to withdraw $190. She then walked to a seating area in the mall, sat

1 Further statutory references are to the Penal Code. 2 Appellant was in pro. per. at trial.

2 down and was about to put away the money when appellant approached from behind. He asked, “‘Hey, how’s it going?’” As Burns was holding the cash in her hand, she made eye contact with appellant. He demanded, “‘Give it to me.’” Burns responded, “‘Excuse me?’” Appellant demanded again,…