People v. Medina CA4/2

I.

FACTS OF THE CASE

Defendant had been at the victim’s home with the victim’s grandson a few times

before the date of the incident. Defendant had known the victim’s grandson since March

2010 when they met in a drug treatment program. He had given the victim’s grandson a

ride home a number of times while they were both participating in the program.

Defendant and the victim’s grandson had previously taken drugs in the home on two or

three occasions.

On September 7, 2011, defendant approached the victim while she was sitting

outside her home.

Defendant admitted to the police that he asked the victim if she remembered him.

Defendant told the victim that he had been to and inside her house previously. Defendant

represented to the victim that he needed money to assist a member of her family with a

broken water pump on his vehicle. There is a question whether she was told that it was

All further references are to the Penal Code.

2 for her grandson specifically or generally for a “family member.” In response, the victim

offered to write a check directly to the auto parts store, but defendant represented to her

that the store would only take cash. The victim recalled…