People v. Camacho CA5

FACTS

Edward Varner worked as a sales representative for Interstate Brands, Hostess Cake, supplying stores with Hostess products. On May 17, 2012, at approximately 5:30 a.m., while making deliveries, Varner parked, back end first, outside of a 7-Eleven store in Merced. The back of the truck had a sliding door, a metal partition, and a table located behind the driver’s seat where Varner would put orders together. As Varner prepared an order, with his back towards the sliding door, he heard someone say, “Hey buddy,” and then some mumbling. Varner ignored the voice because two to three times a day homeless people would ask him for handouts. He then heard someone say, “Hey, buddy,” more aggressively and then he heard the word “wallet.” Varner turned around and saw a Black male standing at the door with his jacket pulled over his face covering the lower part and making a motion with his hand under his shirt as if he had a gun. Varner walked to the door and asked, “What did you say?” The male responded, “Give

All further statutory references are to the Penal Code, unless otherwise indicated. Miranda v. Arizona (1966) 384 U.S. 436.

2 me your wallet.” Varner leaned out…