People v. Bengoa CA4/3

FACTS

The charges against defendant arose from the armed robbery of a couple, the Alvarados. Two Hispanic men approached the Alvarados’ car, one on each side, and opened the car doors. The man on the driver’s side displayed a revolver. Both men took items from the couple, and the man on the driver’s side demanded Mr. Alvarado open the car’s trunk where he had claimed his wallet was located. When Alvarado got out of the car to open the trunk, he believed the man next to him was preparing to use the gun and so punched him. The man responded by shooting Alvarado in the arm. Both robbers then fled the scene, taking cash and several items belonging to the couple. Three days later, defendant and another male, Salome Orellana-Pineda, were stopped by a police officer who believed they matched the description of the two Alvarado robbers. A search revealed Orellana-Pineda was in possession of items stolen from the Alvarados, and both he and defendant were subsequently arrested. While he was incarcerated prior to trial, defendant became acquainted with another inmate and boasted to him about the robbery. Defendant claimed that it was he who had shot Alvarado, after Alvarado punched him. He…