People v. Rodriguez CA4/3

facts presented in the prosecutor’s moving papers were: “In Court Case number 11CF2294, Defendant pled guilty to PC 664-211/212.5(c). The defendant entered a commercial building, a Santa Ana grocery store, and approached a grocery store employee. The defendant told the employee ‘GIVE ME THE MONEY, I HAVE A GUN.’ The grocery store clerk closed the cash register drawer and froze. The defendant repeated his demand and reached under his shirt into his waistband. The clerk, in fear for his life, called out the manger who came over to the cash register. Defendant said ‘DO NOT CALL ANYONE.’ The defendant then left the store without any money.” The court found both the prior and the present attempted robberies to be sufficiently similar to make that type of evidence relevant to defendant’s intent. The court noted the two crimes occurred within a year of each other, and concluded the prior crime was not remote in time. With regard to the instant crime, on April 25, 2012, defendant sat down at the desk of a personal banker at Bank of America in Santa Ana and picked up a note pad from her desk and wrote out a “sticky note” stating: “I need money fast. Please don’t try to pull any.” Defendant…