People v. Strock CA1/1

STATEMENT OF THE CASE AND THE FACTS

On February 28, 2010, the complaining witness, a 17-year-old male, went to Harbor Park in Antioch to meet defendant’s girlfriend, whom he had arranged to meet

1 Unless otherwise indicated, further statutory references are to the Penal Code.

1 there at 11 p.m. Defendant noticed his girlfriend had received several text messages from the complaining witness and decided to have words with him. Defendant and a codefendant approached the complaining witness and one of them said, “Do you have anything on you? A phone?” When the complaining witness said he did have a phone, defendant or his codefendant said, “Give me all you got.” Both defendant and the codefendant kicked and punched the complaining witness 10 to 12 times. They took his cell phone. As they left one of them said, “Don’t call the police.” On September 9, 2010, the Contra Costa County District Attorney filed a felony complaint charging defendant with one count of second degree robbery (§§ 211, 212.5, subd. (c)) in Docket No. 4-167137-9. The complaint further alleged a great bodily injury enhancement (§ 12022.7, subd. (a)) and an enhancement alleging the offense was committed while on…