People v. Medeiros CA5

FACTS

I. Prosecution Case

Melody Jo Timmons testified that at approximately 5:00 p.m. on October 20, 2012 (October 20), she was outside the Tuolumne Market in Tuolumne waiting for her niece, Andrea, to arrive and give her a ride, when she saw appellant, who she had known for approximately 10 to 12 years, “maybe longer,” walking through the store parking lot.3 Appellant “caught [Timmons] and pulled [her] aside,” and the two spoke for “several

All statutory references are to the Penal Code. We use the terms “strike,” in its noun form, and “strike conviction” as synonyms for “prior felony conviction” within the meaning of the “three strikes” law (§§ 667, subds. (b)-(i); 1170.12), i.e., a prior felony conviction or juvenile adjudication that subjects a defendant to the increased punishment specified in the three strikes law. Except as otherwise indicated, the “Prosecution Case” portion of our factual summary is taken from Timmons’s testimony.

2 minutes,” during which time appellant showed Timmons some photographs on her (appellant’s) cell phone of Andrea and two of Timmons’s sons. At some point, Timmons began walking the approximately one to one-and-one-…