People v. Wightman CA4/3

FACTS

In October 2012, defendant Nicole Wightman and two codefendants, Joseph Romero and Rogelio Izaguirre, were charged with one count of attempted second degree robbery (Pen. Code,2 § 664, subd. (a), § 211, § 212.5, subd. (c), count one) and one count of assault with force likely to produce great bodily injury (§ 245, subd. (a)(4), count two), based on the following facts. Brandon Cordeiro, the victim, testified that on October 10, 2012, he made arrangements via text message to meet defendant at Kohl’s department store in Cypress. Defendant was living in Lake Elsinore at the time. Cordeiro and defendant had dated during high school, but had stopped dating a few years earlier and were not on good terms. Cordeiro moved to Nevada. After he left, defendant’s mother sent him a cell phone he could use to keep in touch. According to Cordeiro, he returned it to her

A friend of theirs, Rogelio Izaguiree, was present during the incident and also charged with this offense. He was granted a mistrial on this count.

Subsequent statutory references are to the Penal Code.

2 approximately six months later, but defendant did not believe he had ever returned the…