People v. Boone CA2/2

FACTS

Prosecution Case On January 12, 2011, Helena T. traveled to the Antelope Valley to meet her former girlfriend, Candy. Helena checked into room 247 of the Shadow Park Inn. Candy arrived at approximately 4:00 p.m. or 5:00 p.m. and she and Helena made love, used drugs, and drank a little over half a bottle of wine. Candy left at approximately 9:00 p.m. and Helena felt sad and very emotional. Shortly after Candy left, Helena called a cab and went to a liquor store. She bought two cans of “Tilt,” an alcoholic beverage, and the cab driver agreed to store them for her in the trunk of the cab. The cab driver drove her to a bar and agreed to return and

All statutory references shall be to the Penal Code unless otherwise noted. 2 pick her up later. At approximately 1:45 a.m. the driver returned and drove her to a Carl’s Jr. restaurant. When the cab pulled up to the drive-thru window, appellant approached and asked Helena for money. She told appellant she had no money with her but that she had some change in her hotel. Helena did not recognize appellant at the time but later recollected that she had seen him outside the Shadow Park Inn when she checked in the previous day.…