People v. Naranjo CA4/1

STATEMENT OF FACTS

On the morning of January 28, 2013, Elvira Garcia discovered her red 1987

Chevrolet pickup truck was missing. There was only one set of keys for the truck and

they were still at Ms. Garcia's house. She reported the loss to the Sheriff.

At around 11:00 a.m., on January 29, 2013, San Diego Sheriff's Deputy Winferd

Vermillion observed the stolen truck parked outside a residence at 659 Sacramento

Avenue. He observed Naranjo get out of the driver's seat of the truck and walk toward

the house.

Vermillion called for assistance and continued to observe the truck. While he was

waiting, Vermillion saw Naranjo return to the truck and get into the driver's seat.

Vermillion then approached the truck, drew his firearm and ordered Naranjo to get out of

the truck and put his hands in the air. Naranjo did not immediately comply.

All further statutory references are to the Penal Code unless otherwise specified. 2 Vermillion continued to order Naranjo to put his hands in the air and to get down

on the ground. Naranjo turned in circles and the deputy thought he might be looking to

run. However, Deputy Torres arrived at that moment and…