People v. Rodriguez CA4/3

FACTS

As is normally the case in appellate review, we recite the facts in the light most favorable to the judgment. (See e.g., People v. Mayfield (1997) 14 Cal.4th 668, 767.) The charges against defendant arose from three separate incidents occurring respectively on September 23, 2010, September 28, 2010, and November 6, 2010.

September 23, 2010 — Counts 1 and 2 2 Douglas Schmidt and Daniel Flores were roommates. Late in the night of September 22 or early morning September 23, the pair walked to a convenience store to “buy some stuff.” On their way home, the roommates were approached by two men; one was on a bike, the other was on a scooter or skateboard. The man on the bike pulled out a “black, hand-sized gun,” and demanded the roommates turn over their property or money. The other man, who was holding a knife, reached into Daniel’s back pocket, took his wallet, and removed $60 to $70, then reached into his front pocket and took his cell phone. Schmidt gave all he had — a lighter and some change from his pocket. Schmidt later reviewed several six-pack photograph arrays and identified defendant as the “man with [the] gun.” This incident was the basis of the robbery convictions…