People v. Saravia CA2/2

FACTS

The Information; Saravia’s Not Guilty Plea Following a preliminary hearing, the Los Angeles District Attorney’s Office filed an information charging Saravia with two counts of second degree robbery (counts one and four; § 211), one count of attempted extortion (count two; §§ 664 and 524), and one count of criminal threats (count three; § 422).2 At the arraignment, Saravia pleaded not guilty to all four counts. Trial At trial, Walter Gerardo Mendez (Mendez) testified that in the early afternoon on November 29, 2010, he was working alone inside his cell phone and accessory store when he saw Saravia walk by the front of the store twice while looking inside as he passed. He eventually entered the store, browsed the merchandise, and asked the price for a cell phone charger. Mendez said that the charger was $9. Saravia inquired about the price of two cell phones in a display case. In response, Mendez said they were about $280 before taxes. Saravia exited the store, stood by the doorway and talked on his

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 The second charge of second degree robbery, count four, stemmed from a May 24, 2012,…