People v. Gonzalez CA4/3

FACTS

Percipient Witness Testimony On the morning of December 22, 2009, K. was working as a prostitute on a street corner in Santa Ana. K. approached a van and talked to a man inside the van. K. did not identify defendant as the man in the van, but other evidence supports a finding that this man was defendant. K. climbed in the van and directed defendant to drive to another location. While driving, defendant agreed to pay K. $50 for oral sex. Defendant parked the car at the location prescribed by K. and climbed into the back seat with her. Defendant then reached for a knife in his side pocket, and struck K. several times above her right eyebrow. He then pressed the blade of the knife against K.’s neck and told her not to scream or else he would slit her throat.

1 All statutory references are to the Penal Code unless otherwise stated.

2 After demanding K.’s money, defendant laid K. down in the back seat of the van and forcibly removed her pants. Defendant took K.’s pants, car keys, and cell phone, and then climbed into the front seat and began driving to another location. Defendant again told K. he would kill her if she tried to get away. After arriving at a new location,…