People v. Rose CA2/3

BACKGROUND

Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. Juan Pineda worked as a cashier at a Shell gas station. On October 7, 2012, a female customer approached him and complained that defendant Rose, a homeless man, was bothering her. The woman, who looked uncomfortable and scared, asked Pineda to accompany her back to her car. As Pineda was walking with the woman, he saw Rose standing near the gas pumps. When Pineda told Rose to leave, Rose yelled he would blow Pineda’s fucking head off and said he knew what time Pineda got off work. Pineda testified he was scared because he believed Rose would carry out his threat. Asked why, Pineda said: “Because I don’t know this man and I don’t know what he’s capable of doing.” Pineda testified that, a few days earlier, Rose had come into the gas station convenience store to buy a cigarette lighter. Pineda refused to sell him the lighter because Rose would not put his crack pipe away. Rose got angry and raised his voice. Although Pineda could not recall Rose’s exact words, he said Rose was being “really loud” and had “saliva coming out of…